HomeMy WebLinkAbout1978-12-20 Council PacketKenai City Council
Meeting Packet
December 20, 1978
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COUNCIL MEETING OF
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A (; E N I) A
KENA! CITY COUN('II, - RI.:GIfI.AII ~IEE'I'IN(;
DFiCI'.'MIIER ,°0. 1.0'/8 - ?: 00 I'.M.
KI.:NAi PUBLIC SAFETY IIUII,DING
PI,I.:I)GE OF AI,I,EGIANCE
ROLL CALL
AGENDA AFPROVAI,
B. IIEARINGS
I. Ordinance 453-78, Capital Project Fund "Water and .~ewer Lines"
2. Ordinance 454-78, Capital Project Fund "Facilities I)ostF, n*'
3. Alenholte Beverage Control {{oard License ~onmvnls
Tho Casino, Pizza Pn~ndi~s, Endie's F~ontier Club, and Frontier Llquo~ Stove
PERSONS PRESENT SCHEDULED TO BE HEARD
2, Representatives from Coopers & Lybrand, audit
D. MIgUTES
I. M~utos of the ~e6uln~ maat~g of Deeembe~ 12.19~8
F. ~OLD BUSINESS
L~aso
ACI
~ /~/~f~, Dtsousston- Kenat Munioip& Airport Ski Strip
· ~ ~J ~ ~' L~aso of Airart L~ds o~ Facilities - Raven Tr~sit
.~ ~ 4. Re~lution 78-199, Accept~g the ~nu~ audit FY 1978
~ ~ ~ 5. Ro~lutfon 78-201, "G~ant of in.ess ~d ~ess"
~ :' 6. Pa~ent to C~pers & Lybrand
NEW BUSINESS
I. Bills to be paid - bills to bo ratified ,
2, Requisitions exceeding $500
$. Ordinance 455-78, Tidelands Ordinance
4. Ordinance 450-?$, Declaring certain foreolosed lands for use by the City
5. Ordinance 457-78, Lc~'ying assessment against certain benotitedlp.r~cp~y
6. Ordinance 468-78, Amending the Personnel Re~Tulattons--/~ t ,~,, .' ~ '~
7. Ordinance 459-78, Increasing estimated rovenuas/nopropriatfons by $9.,344
$. Rcsolution ?8-205, Transfer of funds in Kenai Water Project 07-01-01684
9. Resolution 78=206, Transfer of funds for repairs to telephone cable
I0. Resolution ?8-9-07, Transfer of funds for additional communication costs
I1. Resolution 78-208, Transfer of funds for purchase of minor equipment for Jail Faeiltty
19.. Resolution 78-209, Requesting Borough .gehool l~oard to install light at Sea~s Elementary
13. Resolution 78-210, Coneum. ing with recommendation to rezone a tract in Woodiand S/D
14. Resolution 78-211, Authorizing City Manager to sign assignments of leases
Iii. Resolution 78-219., Transfer of funds to reimburse costs of damatTod light pole
16. Resolution ?$-213, Transfer of funds to pay Winee-Corthcll billings
17. Resolution 78-214, Transfer of funds for Drug Enforcement Administration School costs
18. Authorized Games of Chance & Skill - Frate~nol Order of E~les
19. Application for State Construction Grant Assistance
20. Grant application - TRIo IX, Senior Citizen Program
21. Lease of Airpo~ Facilities - Itertz Corporation
22. Amendment to lease - Federal Aviation Administration
~$. Billings from Ted Forsi & Associates
~4. Billings h'om Winen-C~u. thell & Asooelates
H. REPORTS
I. City Manager
9.. City Attorney
3. Mayor
4. City Clerk
5. Finance Director
6. Planning & Zoning Commission
?. ge~i P~s~o Bo~ugh
~YOR a COUNCIL - QUESTION~ AND COMMENT~
I. PERSONS PRESENT NOT SCHEDULED TO BE IIEARD
4
A O l.'. N D A
KENAI CITY COUNCIL - lt{.iGI'I~'~R MEETING
DECEMIIEIt t - 7:O0 P.:I.
KENAI PUIiLIC SAFETY HUILDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
AGENDA APPROVAL
HEARINGS
I. Ordinance 447-78. DeclarinF, certain buildinj~s & related ~,quioment i materials surolus
2. Ordinance 450-78, Providin~ for Special l'lection relative to Charter amendments
3. Ordnance 451-78, lne~easin~ estimated revenuo~/aO~roorintions in the amount of ~20.000
4, Ordinance 452-78, Inereasin~ estimated revenuoslsuproprintions in the ~ount of ~50,000
$. Renewals of reta~ a beverage dlspen~ry liauor licenses - F~dtown a Lnr~'s Club
C. PERSONS PRESENT SCHEDULED TO BE HEARO
I, Representatives from Trust Department of National Bank of Alaska relative to
discussions of advantages of .sale of City owned lands
2. Richard Morgan. Recreation Commission
D. l~q~C~'~'~eilw°ma~ Glick - alleged problems at sr. citizen residential complex
I. Minutes of the regular meeting of November 15. 1978
E. CORRESPONDenCE
OLD BUSINESS
1. Payment to 5leLane l Associates
2. Lease of Airport Lands - Raven Transit
'9
I~W BUSINESS
I. Bills to be paid - bills to be ratified
3. Requisitions exceeding $500
3. Ordinance 453-78. establishing Capital Prole~t Fund "Water & ,Sewer Lines"
4. Ordinance 494-78, increasing estimated revenuea/appropristions by S319.325 t-
the Capital Project Fund "Facilities Design"
$. Resolution ?$-194. supporting the lfenat Peninsula Community College
S. Resolution 78-199. transfer of funds for l"aste l"at~ Training Course
?. Resolution 78-196, authorizing signing of ~ontract for design tk uJ~grado of
Sewer Treatment Plant
8. Resolution 78-197. transfer of funds within LPW Projects
9. Resolution 78-198. transfer of funds for repat~' of street lights
10. Resolution 78-199, accepting t:le audited financial report of the City FY ending June $0, I!
I1. Resolution 78-200. transfer of funds for overtime * Finance Department
13. Resolution 78-201, ~a. ant of tnb'ess and egress of the VOR-Moose Range l~.oad
15. Resolution 78-202, accepting Deed of Release from FAA on Tract D-6 '
14. Resolution 78-203, rezonin[~ of tract in Valhalla tleights Subdivision. Pa~t l
15. Resolution 78-204, supporting application of Bishoo Bros. to operate an air
taxi service in the Kenai area
16. Renewal of City of Kenai umbrella coverage
17. Periodic Pay Estimate #5 and #I - Brown ConstFu~ton
18. Payment to Coopers ~ Lybrand - Annual Audit
19. Payment to Mike Tanriainen, consulting engineer
30. Payment to MeLane& Associates
~I. Payment to Project Managers Alaska, Inc.
22. Payment to R~M Consultants, Inc. - quality control testing
33. Payments to Ted Foist & Associate8
34. Discussion o AiL'port Ski Strip
H. REPORTS
1, City Manager
3, City Attorney
5, Mayor
4, City Clerk
· 5. Finance Director
6. Plannin~. & Zonin~ Commission
?. Kenai Peninsula Borough Assembly
QUESTIONS & CO~1ME!qTS - }JAYOR & COUNCIl,
PERSONS PRESENT NOT SCHEDULED TO lie IIEARD
ADJOUImMENT
KBNAI CITY COUNCIL - REGULAR ~iI~ETING
DECEMBER 12, 1978 - 7:00 P.~t.
KENAI PUBLIC SAFETY BT;II,DING
MAYOR VINCENT O'REILLY PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Present: Betty Glick, Ron Malston, Vincent O'Reilly, Phillis) Abet and Edward
Ambarian.
Absent: Mike Seaman and Dan Whelan
AGENDA APPROVAL
Councilman Malston requested that Richard .~orffan, Chairman of the ~ecreation
Commission, be included under ite.~n C~2, Persons Present Scheduled to be Heard.
Councilwoman Gliek stated thai she would like to ~Ive a report on a situation that
apparently exists at the Woodridge Apartments, a senior' citizen housinff complex.
Mayor O'Reilly suggested that she give her report under item ~,-3, Persons Present
Scheduled to be Heard.
Council so concurred.
HEARINGS
B-l: Ordinance 447-78
Mayor O'Reflly read Ordinance 447-78 by flue only. "An ordinance of the Council
dcolaring one shallow well building and related material and equipment as surplus".
Mayor O'Reilly opened the hearing to the public. There was no comment.
MOTION:
Councilman Ambarian moved, seconded by Councilman ~lalston, for adoption of
Ordinance 447-78, declaring one shallow well building and related equipment
sm'plus.
Councilwoman Glick stated that relative to the Public T~'orks Department report contained
in the packet, it was the Council's intent to ascertain whether or not any of the equipment
materials, building, etc.~could be utilized by the City prior declm, ing it surDlus and
offering it for sale. Councilwoman Gli~k further comwented that it was not the intent
of Council to "hassle" any department heads by askinK for additional information,
QUESTION:
Motion passed unanimously by roi1 call vote.
Dcoon~l~er 12, 1978 - l'affe 2
B-2: Ordinance 450-78
Mayor O'Reilly read Ordinance 450-78 by title only. "An ordinance providing for the
submission of Charter amendments concerning aid to industry to the qualified voters
of tho City at n special election tn ho hold m.osdny, February 13, 1979."
Mayor O'Reilly opened the hearing to the public.
Ruby Coyle - stated that she had no objection to the City issuing, industrial bonds
but still had problems when it comes to revenue bonds being issued to pay for a facility
to be used by ten customers or less. Couneilmnn Ar~barian advised that up to ten
customers can be served without Alaska Public Utilities Commission ,.~gnlntiov.
Waldo Coyle - stated he would question .qection 6-3 in that the intent would also
authorize putting water/sewer lines in and, therefore, bypassing the vote of the
people.
MOTION: ·
Councilman Ambarian moved, seconded by Councilwoman Click, for adoption of
Ordinance 450-78, Charier amendments, with the following amendments to the
ordinance document itself: 4th "Whereas" to resd "l?hereas, industry m~y consider
the siting of industrial facilities in or near the City of lienal, and 5th 'l;'hereas to
read: ~WhereaB to be responsible to industr:.'s reeds, an early determination of
the City*s ability to support industr~ efforts is needed, ..... " Also, 'to be added
under Section 6-3 after '*ten customers or less - for the purpose of promoting
· ~onomie development in and around the City~.
Motion passed unanimously by roll call vote.
B-3: Ordinance 451-*/8
Mayor O'Reilly read Ordinance 451-78, increasing estimated revenues and appropriations
in the Federal Revenue Sharing special revenue fund by $20,000.'
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilwoman (~li~k moved, seconded by Councilman l~lalston, for adoption of
Ordinance 451-?~, increasing estimated revenues and avproprtations by $20,000 in the
F~leral Revenue Sharing fund.
Motion passed unanimously by roll call vote.
B-4: Ordinance 452-78
Mayor O*Reilly read Ordinance 452-78 by title only. "An ordinance of the ~.ounctl
increasing estimated revenues and appropriations in the Federal Revenue ,Sharing
special revenue fund by $50,000 ."
Mayor O*Reflly opened the hearing to the public. There was no comment.
December, 12. 1978 - I'aKe 3
MOTION:
Councilwoman Olick moved, seconded by Councilman ~falston, for adoption of
Ordinance 452-78, increasing estimated revenues/approuriations by .$50,000,
Federal Revenue Sharing Fund.
Motion passed unanimously by roll call vote.
B-5: Liquor license renewals
MOTIO,~I:
Councilwoman Glick moved, seconded by Councilman "~alston, that the City of Kensi
submit a letter to the Alcoholic Beverage Control Board of non~objection of renewals
for retail license for Foodtown Liquor and beverage dispensary for Lar~,. 's Club.
Motion passed unanimously by roll call vote.
C. PERSONS PRESENT SCHEDULED TO BE HEARD
C-l: National Bank of Alaska
',9
Councilman l~alston advised that certain members of Council had held discussions
with representatives from the Trust Department of the National Bank of Alaska relative
to the advantages of selling City owned lands. Councilman Malston introduced. Pete
Brown and Pon Smitt representing NBA. Mr. Brown advised Council that he had put
together some figures which were approximate at this time, however, were very
feasible. Mr. Brown stated that with regard to leased lands, it was very difficult to
put together a financial package for customers when they did not own the lands and,
in addition, the ambiguous renegotiation clause relative to the lease rate made the
transaction that much more difficult. On the approximate 216 acres avaffable
Mr. Brown had determined that roughly 50% of the land would be valued at $ .3$/sq .ft.;
25% valued at $.42 sq.ft.; and 25% valued at approximately $.65/sq. ft. With these
flgttees, Mr. Brown estimated the approximate market value at $4.1 million. Mr. Brown
suggested that flgtu'es could be coral)tied by working out if the land was sold at 10% down
at a rate of 9-1/2% interest, $416,000 would be collected immediately and payments to the
City would result in $48,000 per month. }mr. Brown stated that the sale of the lands
would broaden the tax base and increase comn, ereial and industrial growth in the City.
Councilman Malston stated that the chief concern of the City would be to urotect the funds
as they must be reserved for the Airport. l~r. Brown advised that he felt a trust fund
or permanent fund could be established to "ear mark" the funds and protect them from
irresponsible management. ~mayor O'Reilly advised that it was his intent to aopoint a
committee to go into the matter in-depth and asked for indivi~lual names from Council so
that the committee could be established without further delay.
Richard Morgan - Kenai Recreation Commission
Mr. Morgan, chairman of the Recreation Commission, advised that one of the duties
the Commission was charged with was to aid in the selection of a P. ecreation Director.
Mr. l~organ stated that the Commission, at their last meeting, had prepared an
advertisement for the position and would request that Council direct Adninistration to
proceed with advertising the position. Mr..~morgan stated the intent of the Commission
I)ecember 12. 1978 -
was as follows: The Commission requests that the City advertise in tho major news-
papers of tho State and in the {~oriodical of the National r~ncreation & Park Association
(601 N. 10th St., Arlington, Virginia 22209) em' n Parks & Recreation Director with a
salary between $22,000 and $26,000 Der year. ~ualifications - colIeffe deffre~ in Recreation
or Recreation and Park" '" .... ~ ....... ~ ....... "
be considered; three years experience minimum, one year of which must bo in a
supervisory capacity; Addition~ experience will bo considered in lieu of odueationnl
requirements. Nature of position: This is a professional uosition in Parks a Rocroation
administralion, supervision and leadership. The ~osition involves the rasuonsibtlity
of implementing tho policies of !he Recreation Commission in terms of planning, promoting.
organizing, maintainin~ and evaluating a new Parks ~d R~reation Pro,ram (ineludtn~
staff, volunteers, and facilities) geared to the needs of all within the eommuniW. These
responsibilities include th~ development of cooperative intorageney coordination (through
p~fession~ ~d citizen participation in the community), periodic encysts of performance
Ohrough reports, records, ~d meetings m~ Yh ~i:c C~mmission), development of the
Commission budget pl~s, ~d s~tting go~s and objectives for the departments operation.
Mr. Morgan advised that tho Commission was in the process of preparing a job description
fo~ the posRion.
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick, fo-' authorization for
Administration to proceed with advertising the position of Recreation Director for the
City of Kenai as outlined above and with a salary range of $22.000 - $26,000.
Motion passed unanimously by roll call vote.
~-.,
'-~ C-3: Councilwoman Glick
Attorney Ed Garnett came before Council to question the City's right or authority
to interfere in private business in that Councilwoman Glick was prepared to reoort
on a matter at the senior citizen housing project in a public meeting and his client
(managers of the facility) had not been notified that the City was to hold a public
meeting on the ~ub]ect. Further. Mr. Garner stated that the local newspaper had run
an auricle on the subject and this had been Mr. Garnett's notification that the matter
would be brought up tonight. Councilwoman Gltek responded that though the facility
may be owned by private enterprise, it was a federally subsidized facility and she
had been approached of alleged problems that were apparently in existence. Council-
woman Glick stated that it was not the intent of the City to tell them how to run the
facility and that she would recommend that the matter be considered by the Mayor's
Council on Aging and representatives of the owner organization of the Woodrtdge
Apartments so that the alleged problems could be discussed in a joint meeting.
Councilwoman Glick further commented that it was not the Council's intent to hold a public
hearing this evening and she had been in contact with the Manager of the apartments advising
that the matter would be brought before Council and a recommendation as to disposition
given by Councilwoman Glick. Mayor O'Reilly advised that he would submit Councilwoman
Glick's report to the Mayor's Council on Aging ir~mediately for preparation of a loint
meeting between all parties involved.
MINUTES
D-l: Minutes of the regular meeting of November 15, 1978
Approved as distributed
December 12, 1978 - Page 5
CORRESPONDENCE
E-l:
City Manager Wise reported that correspondence had been received from the Steering
Committee of Sears Elementary School requesting that the City aid in their efforts
to install a street light on Forest Drive at the crosswalk directly in front of the school
for safety purposes for the children crossing the street. Councilwom~n Gliek reported
that she had referred the matter, after conversations with the City .~,fanaffer, onto
her husband who is a member of the Borough School Board and the matter had been
discussed, however, it was apparent that the exact location of the light would have to
be established to determine whether or not the responsibility of installation would fall on
the City or the School District.
MOTION:
Councilman Ambarian moved, seconded by Councilman ~.~alston, that Administration
prepare a resolution for submission to the School Board requesting their immediate
action to install appropriate lighting.
Motion passed unanimously by roll call vote.
OLD BUSINESS
F-h Payment to MeLane & Associates
--~ MOTION:
Councilwoman Glick moved, seconded by Councilman l~alston, for approval of
payment in the amount of $2,600.40 to MeLane & Associates.
Motion passed unanimously by roll call vote.
F-2: Raven Transit Lease
Mr. Wise advised that the lease document had not been returned as yet and would have
the matter before Cot~neil as soon as possible.
G. NEW BUSINESS
G-l: Bills to be paid - bills to be ratified
MOTION:
Councilwoman GHek moved, seconded by Councilman ~1alston, for aporoval of bills to be
paid and bills to be ratified as submitted this date by the Finance Department.
l~iotion passed unanimously by roll cai1 vote.
G-2: Requisitions exceeding $500
OMOTION:
Councilwoman Glick moved, seconded by Couneilman Ambarian, for aooroval of
requisitions exceeding $500 and ratification of telephone poll approving purchase of
Ii [' [ IIIll
chafns for the snow removal equipment and the ourchase of the equipment from Den's
TV for the Kenai Jail Facility as approved by the City ~.Innnffer.
' 1
Motion passed unanmtous y by roll call vote.
G-3: Ordinance 453-78
Mayor O'Reilly read Ordinane,~ ~53-78 by title only, "An ordinance establishing a
Cnpital Fund Project entitled "r'r, ter and Sewer Lines" mhd increasing estimnted
revenues and appropriations in the amount of $220,925 for ~.DA Project 07-51-26966
encompassing water lines, l"illow and GAA., and sewer, lines on l¢c~.ullum Drive plus
renovation of five sewer lift stations".
MOTION:
Councilwoman Olick moved, seconded by Coun'oil,,,an Ar~baria~ [or introduction of ,
Ordinanoe 455-?8, Capital Project Fund "Water and ,~e. wer Lines".
Motion passed unanimously by roll call vote.
G-4: Ordinance 454-78
Mayor O'Reilly read Ordinance 454-78 by title only. "An ordinance increasing estimated
revenues and appropriations in the Capital Project Fund entitled "Facilities Design"
by $315,325."
D MOTION:
Councilman Ambax'ian moved, seconded by Councilwoman Glick, for introduction of
Ordinance 454-78, increasing estimated revenues/appropriations in Capital Project
Fund "Faotlities Design".
Motion passed unanimously by roll coil vote.
G-5: Resolution 78-194
Mayor O'Reilly read Resolution 78-194 by title only. "A resolution supporting the
Kenai Peninsula Community College".
Mayor O'Reilly opened the meeting to the public and there was no comment.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of
Resolution 78-194, supporting the Kenai Peninsula Community College.;
Motion passed by roll call vote with Councilman ~lalston voting no.
G-6: Resolution 78-195
Mayor O'Reilly read Resolution 78-195, transferring funds in the amount of $245
in the 1978-79 Water & Sewer Special Revenue Fund to provide funding for the two
i ' 91 December 12, 1978 - Page 7
Sewer Treatment Plant Operators to ottend a waste water training course in Juneau."
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilwoman C, liek moved, seconded by ~.ouncilmnn Abet, for adontion of Pesolution
78-195, transferring funds in the amount of ~245 in the Water & ,~ewer ,~l~eetal ~evenue
Fund.
Motion passed unanimously by roll call vote.
G-7: Resolution 78-196
Mayor O'Reilly read Resolution 78-196 by title only. "A resolution authorizing the
City Manager to si~n the contract for Step II, Engineering ,Services for the Desiit'n
and upgrading of the Sewer Treatment Plant by CIt21~ Hill ."
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick, for adoption of
Resolution 78-196, authorizing the City Manager to sikh the Step II, contract
with CH2M Hill.
G-II:
Motion passed unanimously by roll call vote.
Resolution 78-197
Mayor O'Reilly read Resolution 78-197, transferring funds within the following
LPW Projects: Street Improvements - $18; Redoubt l~'ay Paving - $2,483;
Ah'port Drive Paving - $829 to pay for additional costs incurred.
Mayor O'Retlly opened the meeting to the public. There was no comment.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for ado.orion of
Resolution 78-197, transfe~eing funds within certain LPW projects for payment of
additional costs inemwed.
Motion passed by roll call vote with Councilman Abet abstaining.
G-9: Resolution 78-198
Mayor O'Reflly read Resolution 78-198, transferring funds in the amount of $1,607
for repair of street lights per the agreement with Inlet Instruments.
Mayor O'Reilly opened the meeting to the public. There was no comment.
D.ecemb?r 12, 1978 - Page 8
MOT ION:
Councilman Malston moved, seconded by Councihvoman C, lick, for adoDtion of
Resolution 78-198, transfer of funds in the amount of .~1,607 for re~)air of street lights.
roll cull vote.
G-10: Resolution 78-199
Mayor O'Reilly read Resolution 78-199 by title only, "accepting the audited financial
report of the City of Kenai for the year ending June 30, 1978."
Mayor O'Retlly opened the meeting to the public. There was no comment.
MOTION:
Councilman Malston moved, seconded by Councilwoman Gliok, for adoption of
Resolution 78-199, accepting the audited financial report FY 1978.
Councilwoman Gliek inquired if the Management Letter had been received as yet and
was advised by Finance Director Charles Brown that it had not.
MOTION - TABLE
Councilwoman Olick moved, seconded by Councilman Abet, to table the matter of
Resolution 78-199 until such time the }.ianagement Letter has been received from the
audit fi~m.
Motion passed unanimously by roll call vote.
Resolution ?8-200
Mayor O'Reflly read Resolution ?$-200, transferring monies within the Finance Department
in the amount of $$,500--to Finance/Overtime---S1,500 and Legislative/~.~.iscellaneous -
$2,000 for overtime costs incurred in the Finance Department and ~ provide for an
annual Christmas party for the employees of the City.
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilwoman Olick moved, seconded by Councilman .~ialston, for adoption of
Resolution ?8-200, transferring monies for overtime costs incurred and t2,e Ant. ual
City Christmas Party.
Motion passed unanimously by roll call vote.
C,-12: Resolution ?$-101
Mayor O'Reilly read Resolution 78-201 by title only. 'A resolution authorizing the
City Manager to exeoute a 'Grant of ingress and egress' of the VOR-.~loose Range Road
to the general public."
Mayor O'Reilly opened the meeting to the public.
D.ecemb?r 12, 1978 - Page 8
MOT IO N:
Councilman }.!nlston moved, seconded by Councilwoman Gliek, for adol~tion of
Resolution 78-198, transfer of funds in tho. amount of .~1,607 for repair of street lights.
Motion pa~cd unanimously by roll call
G-10: Resolution 78-199
Mayor O'Reilly read Resolution 78-199 by title only, "accepting the audited financial
report of the City of Kenai for the year ending June 30, 1978."
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilman l~ialston moved, seconded by Councilwoman Glick, for adoption of
Resolution 78-199, accepting the audited financial report FY 1978.
Councilwoman Glick inquired if the Management Letter had been received as yet and
was advised by Finance Director Charles Brown that it had not.
MOTION - TABLE
Councilwoman Glick moved, seconded by Councilman Abet, to table the matter of
Resolution 78-199 until such time the Management Letter has been received from the
audit firm.
Motion passed unanimously by roll call vote.
G-Il: Resolution 78-200
Mayor O'Rellly read Resolution 78-200, transferring monies within the Finance Department
in the amount of $3,500-to Finanee/Overtim~$1,500 and Le2'islative/~liseellaneous ~
$2,000 fox' overtime costs incurred in the Finance Department and to provide for an
annual Christmas party for the employees of the City. .-.
Mayor O'Retlly opened the meeting to the public. There was no comment.
MOTION:
Councilwoman Gliek moved, seconded by Councilman .~alston, for adoption of
Resolution 78-200, transferring monies for overtime costs incurred and the Ar.r. ual
City Chz'istmas Party.
Motion passed unanimously by roll call vote.
(I-12: Resolution 78-20I
Mayor O'Reflly read Resolution 78-201 by title only. "A resolution authorizing the
City Manager to execute a 'Grant of ingress and egress' of the VOR-~.1oose Range Road
to the general public."
Mayor O'Reflly OPened the meeting to the public.
Mr. Richey questioned the reasoning in the City changing the policy at this time.
Councilman Ambarian advised that as there had been a difference in growth and that the gate
has been open for some time now. In addition, Councilman Arobartan reported that Kenai
Native Association had requested access to the land that they were hopeful in acquiring
in the near future.
Mr. Bob Richey - Mr. Richey agreed that the road has been use(t by a large number of
the public, however, the posted sign had kept access to a minimum and Mr. Richey
stated that industry was allowed use of the area and access to their facilities and why
could not KNA be afforded the same access rights? Councilman Ambarian stated that
it was the Council's intent not to single out a specific group for access.
City Attorney Sehlereth advised that he had received a call from the Federal Aviation
Administration and the only concerns they had were for protection of their VOR facility
and eoncerned about road maintenance. However, they did not appear to be ,opposed
to allowing public access.
Mayor O'Reflly advised that a letter had been received from ~arathon (~tl who has been
a user of the road since 1966 and has maintained and repaired ;he road during this period
of time. Marathon has advised that if ingress and egress is granted to the genera] public,
Marathon shall be released of the obligation to provide normal maintenance to that portion
of the road made public.
Couneflman Malston suggested that the posted sign be left up and the granting of ingress
and egress to Kenai Native Assoeistion be addressed if and when I~NA is granted the rights
to the land in question.
MOTION - TABLI~
Councilwoman Gliek mo;ed, seconded by Councilman Malston, that Resolution 78-201
be tabled and the matter discussed in-depth at the public works committee from Council
Monday evening.
Motion passed unanimously by roll call vote.
G-l$ Resolution 78-202
Mayor O'Reilly read Resolution 78-202 by title only. "A resolution accepting Deed of
Release from the Federal Aviation Administration of a parcel of land designated as
Tract D-6."
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilwoman Glick moved, seconded by Councilman Ambarian, for adoption of
Resolution ?$-102, deed of release from the FAA of Tract D-6.
Motion passed unanimously by roll call vote.
Deeembor 12, 1978 - Pnge I0
G-14: Resolution 203
Mayor O'Reilly read Resolution 203 by title only. "A resolution concurring with the
recommendation of thc City of Kenai Advisory Planning & Zoning Commission concerning
rezoning a tract in V all~alla lieights ,Subdivision, Part 1 ."
Mayor O'Retlly opened the meeting to the public. There was no comment.
MOTION:
Councilwoman Click moved, seconded by Councilman Abet, for adoption of
Resolution 78-203, concurring with the reeommendatiop of the Planning Commisgion
concerning rezoning a tract in Valhalla Subdivision.
Motion passed unanimously by roll call vote.
0-15: Resolution 204
Mayor O' Reilly read Resolution 204 by title only. "A resolution supporting the
application of Bishop Brothers, Inc. for authority to operate a heavy air taxi service
in the Kenai area."
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of
Resolution 78-204, supporting application of Bishop Brothers, Inc.
Counetlman Ambarian stated he felt the'Mr. Bishop had wanted the City to be more
specific in the resolution as he would like authority to operate an air carrier service
(12,$00# and up).
MOTION - AMENDMENT
Councilman Ambarian moved, seconded by Councilman Malston, that the Resolution
be amended in all references ....... to operate a heavy .(12,500#) air taxi ....... n
Motion passed by roll call vote with Councilman Abet voting no.
MAII~o AS AMENDED:
Passed by ro1I call vote with Councilman Abet voting no.
G-16: City of Kenai Umbrella Coverage
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Click, to authorize
Commerieal Insurance Agency to proceed with bids on the City's up-coming umbrella
coverage.
December 12, 1978 - Page 11
Councilman Ambarian stated he wished to comoliment Ed and Pich Emery on the
service their insurance agency has provided the City and feel the suggestions that
have been submitted by them over the past few months has resulted in substantial savings
on insurance costs for the City of Kenai.
QUESTION:
Motion passed by roll call vote.
G-17: Periodic Pay Estimate - Brown Construction
MOTION:
Councilman Ambarian moved, seconded by Councilman l~.alston, for aoproval of payments
to Brown Construction for the following: Periodic Estaimte #5 (Redoubt T~'ay) - $2,360.82;
(Airport Way) - $8,511.50; (4th, T"alker & Kaknu) - $34,018.74 and Periodic Estimate
No. I in the amount of $16,560.
Motion passed unanimously by roll call vote.
G-18: Payment to Coopers & Lybrand
MOTION - TABLE
Councilwoman Gltek moved, seconded by Councilman Ambarian, to table payment
to Coopers & Lybrand for work on the annual audit until such time the City has received
the Management Letter.
Motion passed unanimously by roll call vote.
(I-19: Payment to Mike Tauriainen
MOTION:
Councilman Ambarlan moved, seconded by Councilwoman Glick, for approval of payment
in the amount of $642.30 to Mike Tauriainen subject to receipt of supporting backup
materials.
Motion passed unanimously by roll call vote.
(1-20: Payment to MeLane & Associates
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of payment
in the amount of $17.80 to MeLane & Associates.
Motion passed unanimously by roll cai1 vote.
G-il: Payment to Project Hanagers Alaska, Inc.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Oliek, for approval of payment
in the amount of $I, 012.81 to Project Managers Alaska, Inc.
December 12, 1978 - Page 12
Motion passed by roll call vote with Councilman Abet abstaining
/~ G-22: Payment to R&M Consultants, Inc.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Gliek, for approval of payr~ent
in the amount of $514:62 and $269.22 to P.&M Consultants, Inc. for (luality control testing.
services.
Motion passed by roll call vote with Councilman Abet abstaining.
G-23: Payment to Ted Forsi & Associates
MOTION:
Councilman Ambarian moved, seconded by Councilman Malston, for approval of
payment to Ted Forsi & Associates as follows: Kenat waterline - $884.34; Spur tlighway
Water & Sewer - $3,838.96; Main St. Water & Sewer - $1,179.97; Lawton St. Water & Sewer -
$2,774.46; Water Loop project - $650.16.
Motion passed unanimously by roll call vote.
(I-24; Airport Ski Strip
Councilman Ambarian requested that this item be tabled and referred to the Public Works
Committee from Council to be discussed at their meeting l~onday evening. Councilman
Ambarian also requested that Control Tower Chief John Arsenault be advised of the
meeting.
H. REPORTS
H-l: City Manager
(a)
City Manager Wise advised that at the Recreation Commission meeting discussions were
held with a representative from the Department of Natural P. esources and after discussions
relative to the BOR grants, the Commission will recommend that the Beaver Creek Park projeei
be terminated and the City prepare to reimburse the State for monies given to the City.
Also, the Recreation Commission will request that the City proceed with obtaining title
to the tract of land in which Beaver Creek is located and, in addition, the Recreation
Commission requests that the project on Beaver Creek Park be extended and modifications
to the project will be submitted by the Commission.
MOTION:
Councilman Malston moved, seconded by Councilwoman Gliok, to authorize the reeommendaflol
of the Recreation Commission has outlined above.
Motion passed unanimously by roll call vote.
tF
(b) Mr. Wtse reported that the Ctty had flied fo~' Section 36 lnnds, however, the Stnte hn~
II asked for a more detailed description of the mot~s and bounds or tho nron in otlo~tion
~ ~ ~d.th~ Ctt~ Manager s~ated he had asked McL~ne ~ Associates to ~roceed with gathertn~
gl me lntormn,ion ~ ~pq~t]~nd by the ~tflte '
MOTION:
Councilwoman Glick moved, seconded by Councilman ~alston, that Council authorizes
employing the services of McLsne & Associates for the purpose of setting the corners and
giving an estimate of acreage and such costs for l~rofessional services not to exceed $1,500.
Motion passed unanimously by roll call vote..
(c) Proposed sewer line - Airport Way -- Mr. Wise reported that project estimate is $300,000
and there will be $280,000 left after engineering services are paid. Mr. Wise requested
authorization to prepare a grant application to submit for a portion of the funding.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Gliok, that the City ~.~anager
is hereby authorized to prepare a grant application for submission to Council for review
at the next meeting relative to the above referenced proiect.
Motion passed unanimously by roll call vote.
(d)
Serendipity - Mr. Wise advised that .~rs. Lashley and her attorney had met in his office
and indicated their desire to continue the project. I~owever, the scope of the project
has been decreased due to other financial involvement and, in addition, Mrs. Lashley
has requested that lease payments be deferred until construction of the facility is started.
Mr. Wise suggested that the lease be entered into immediately with perhaps a starting
payment date of around May 1st. '
(e)
Sewer Treatment Plant - Mr. ~'ise reported that DEC has assumed EPA responsibility
for the State and have asked CH2M Hill for additional information and data as they are
conoe.rn~Ta.,~ut the gallonage generated (both Kenai and Soldotna area). DEC feels
that the~,,'ny-of Kenai md Soldotna are not in a position to proceed with Step II, however,
the Borough h~s agreed to fund a study and Mr. Wise would, therefore, r~ft~est permission
to proceed with amendment to the grant providing that the Borough will furnish additional
funds.
MOTION:
Councilman Abet moved~ seconded by Councilman Malston, that the City Manager be
authorized to proceed with an amendment to the grant application and, in addition,
the City be used as a conduit.
Motion passed unanimously by roll call vote.
Mr. Wise reported on the State tIighway Department hearing held last Thursday evening
and the only objection was from ~{r. Bielefeld relative to the cost of the l~roject (.$1.4 million)
and encroachment into his parking area. Mr. B'ise also stated that the Police have
P
.. ."' ~ expressed concern on the pronosed project wherein Airport 9 ny would intersect with
~""~1[ the Spur and would request that additional engineerinff be done relative to safeW factor~.
:'-~ ~ 'lOTlO~ouncilman- Abcr movcd, sccondcd by Councilman "~lston, t~ nuthoriz~ ,"incc-~orthcll
to proceed with engineering work relative to the safety questions being raised on the
intersecting of Airport Way with the Spur Highway.
Motion passed unanimously by roll call vote.
QUESTIONS & CO~IMENTS
Councilman Aber inquired if the City could still submit input into the Willow Street
pro]eet and was advised that individuals could still submit written comments. Councilman
Abet suggested that the Public Works Committee from Council may still wish to offer
some eomments on the proposed proieet.
National Guard - Councilwoman Glick requested that the City Manager provide Council
with a map showing the area in which the National Guard has been given authority to
use as a practice area.
Deepwood Park - Councilwoman Glick stated that as Deepw. ood Park could not afford
to put up the proper bond, would this mean that the City would not provide snow removal?
City 1%~anager Wise reported that Deepwood Park will vrovide their own snow removal.
Councilman Ambarian stated he would Hke to add an item for discussion at the meeting
scheduled for Monday of the Public Works Committee from Council and such subject
to be whether or not the facility presently being used for warm storaffe (formerly the
Mukluk Building) will be needed at the end of the six month lease period.
Councilman Ambarian stated that the City Manager and City Attorney needed to provide
an ordinance relative to poIieies of conducting telephone polls and the City needs a
blanket ordinance describing the duties and policies and procedures of all the
commission, committees, etc., within the structure of the City.
Relative to the last snowfall,Councilman Ambarian stated that most of.the City had been cleared
out the first day but the City crews d~opped the ball and did not go back the second day
to clear away ice, etc.
Councilman Ambarian also requested that a City map be on
of Council.
display at all meetings
H-2: City Attorney
(a)
Cason, Thompson & Clarion leases - relative to the letter contained in the City Attorney's
report, Council directed the City Attorney and City Manager to meet with the attorney
for the above as soon as possible.
ACI lease amendment - City Attorney Sehlereth advised that Mr. Eitel with ACI requested
that their lease be amended to ailow ACI first option to overate a fast food service
within the Airport Terminal. Councilman Ambarian recommended that a committee
~cember 12, 1978 - Page 15
be appointed to assist the Attorney to resolve the matter of the amendment of the lease
City Attorney Sehlereth submitted a draft version of the Tideland Ordinance whtch will
be introduced at the next regular meeting, a,r. Sehlereth requested that if any member
of Counetl had any changes, etc., to please contact him immediately.
H-3: Mayor's Report
Mayor O'Reilly requested that members of Council submit names of those individuals
to serve on the committee relative to the proposed sale of Airport lands.
Relative to the new Jail facility, Mayor O'Reilly suggested that the Council, as a whole,
set up an inspection date.
H-4: City Clerk's Report
H-§:
City Clerk Sue Peter advised that she would be working with the representative
from the Social Security Department to obtain adequate headquarters for their
representative to meet with individuals from the Kenai area once a month. Also,
Clerk Peter requested permission to proceed with the purchase of a cork board to
be used for display purposes during the meetings. Council so concurred.
Finance Director
No report
Planning Commission
Counaflwoman Gliek advised that the Planning Commission had granted a variance
to the Grace Brethren Church and approved a conditional use permit for Union Oil
Company. A petition to rezone portions of VIP estates has been postponed due to the
pending Comprehensive Plan which is now underway and the Commission granted
the rezoning request of Mr. Glad from conservation to Urban residential.
Addition to Central Heights was sent back to the surveyor with suggested changes
and the hobby shop operating on Lilac Street was found to be in compliance with
pax, king as stipulated in his home occupation permit.
H-?: Borough Assembly
Councilman Ambarian reported that Ord. 78-58 was cut down drastically and now appears
fo be a housekeeping ordinance relative to record retention. Also, Ord. 78-66,
will pertain to mobile homa.~ mounted and skirted and will be eligible for tax exemption.
Couneilman Ambarian explained that relative to Ord. 78-69, Water Resource
Development Service Area and Ord. 78-70, Harbor & Port Authority were introduced
but will come before Council as cities may want to relinquish their authority.
NAYOR & COUNCIL - QUESTIONS AND COM~ENTS
Councilman l~lalston advised that a joint meeting of the Chamber and the Council
has been scheduled for December 2?th.
III Iliili --- ~ II ~.- .~
Councilman Malston also inquired as to an answer to a ~uestion posed to him in that
the employees' parking lot was cleared off at least 24 hours nrior to other parking
areas at the Terminal. Mr. Wise r. esponded that this had been an oversight.
City Attorney Schlereth requested Council authorization to request that the
Salvation Army provide the City with a Certificate of Insurance covering their
personnel while driving the City owned van.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Olick, that the City
Attorney be authorized to request a copy of the Sslvation Army's Certificate of
Insurance to cover their employees while operating a City owned vehicle.
Motion passed unanimously by roll call vote.
I, PERSONS PRESENT NOT SCHEDULED
I'l:
Mrs. Ruby Coyle - requested that the Hig'hway Department be made aware of
the potential hazards at the intersection of Beaver Loop and the Bridge Access Road.
Mrs. Coyle aisc requested to be notified of meetings of the development of the l[enai
Comprehensive Plan.
EXECUTIVE SESSION
MOTION:
Councilman Ambarian moved, seconded by Councilman Malston, that the Council
adjourn into an executive session for the purpose of discussing the City ~fanager's
lob performance.
Motion passed unanimously by roll call vote.
RECONVENE
Mayor O'Reilly reported that the Executive Session was held to discuss the performance
of the City },lanager. No action to be taken.
ADJOURNMENT
There being no further business, the meeting adjourned at 12:30 a.m.
Respectfully submitted,
Sue C. Peter, City Clerk
_
KENAI UTILITY SERVICE CORPORATION
A BLUE FLAME COMPANY
BENCO BUILDINO P.O.BOX
KENAI. ALASKA 996! !
Dccembcr 12, 197D
//
J\ \
Xenai City Council
City of K-hal
P. O. Box 580
Kena£, Alaska 99611
Deaz Councilmembers:
Reference is made to correspondence received hy ~ from the
City Manager dated November 17, 1978, a copy of which is enclosed
herewith. In declining to accept the claim doscribed, the council
has placed us in the uncomfortable position of becoming adversary
to the city in a legal matter. This is by reason of the city's
ultimate responsibility for the actions of it's contractors, in
this case Brown Construction Company, Inc.
Before proceeding further we wish to establish the fact that the
agreement on relocation claims formulated between K.U.S.Co. and
the city administrators specifically excluded ~d~ama_~.q~ claims. This
was done openly and with the full understanding of all parties in
the meeting between I-~. Wise, Mr. Schlereth and myself wherein
the relocation claims were negotiated at the request of council.
During the meeting this claim was defined as to amount and location
of occurrence and it was stipulated that it would not be a part
of the relocation settlement.
Further, the damage claim was submitted to the city to allow
sufficient time for the retention of funds to cover the amount
involved and the City of Kenai is on record as havinq assessed
the responsibility for the damage as being that of the contractor.
Please note the accompanying documentation in support thereof.
We hope that a settlement can be reached in this matter prior to
January 3, 1979. Failing this, it is ~he decision of our Board
of Directors to refer the matter to the courts without further
attempts at collection.
Very truly you=s,
KENAI UTILITY SERVICE CORPORATION
OLT~ilw
~s~a'z r., ThomaS, Vice-President
Certified - Return Receipt Requested
November 17. 1975
Mr. Osea~ Thomas
Vice President
Kenai Utility Service Corporation
P. O. Box 614
Kenai, Alaska 99611
Re: Damage Claim
Deal* Osem,:
The City Council received your letter of November' $, 1978 concerning
the settlement relocation and dam.age claim.
The Council considered the damage claim and, by formal motion, unanimously
approved, declined to acoept the claim. The opinion of the Council was that
the settlement previously agreed upon should have resolved and settled all
Cit~ Manaf~er
JEW/md
CITY OF KENAI
RESOLUTION NO. 78-199
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
ACCEPTING THE AUDITED FINANCIAL REPORT OF THE CITY OF KENAI
FOR THE YEAR ENDING JUNE 30, 1978.
WHEREAS, pursuant to Section 5-10 of the Charter of the City
of Kenai, Coopers & Lybrand have audited the financial
transactions and statements of the City of Kenai, Alaska,
WHEREAS, such audit has been presented to the Council and to
the City Manager in accordance with Charter requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI that the audited financial report of the City of
Kenai, Alaska for the year ending June 30, 1978 is hereby
accepted.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this
day of December, 1978.
ATTEST~
VINCENT O'REILLY, MAYOR
Sue C. Peter, City Clerk
,10
TE L£P~tONE 907' 274-~602
430W SEVENTH AVENUE
AN(~HORAG~', d. LASKA g95Ol
October 25 78
19--
City of Kenai
P.O. Box 580
Kenai, Alaska
99611
Bill %09940 Acct. 2255-00
Progress billing examination of
financial statements for the year
ended June 30, 1978.
_$2,000..00
CITY OF KENAI
RESOLUTION #78-201
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
AUTHORIZING THE CITY MANAGER TO EXECUTE A "GRANT OF INGRESS
AND EGRESS" OF THE VOR-MOOSE RANGE ROAD TO THE GENERAL
PUBLIC.
WHEREAS, the City Council on October 12, 1978 held a special
r~eeting where it resolved by Resolution 78-168 that that
portion of the FAA-MOOSe Range Road lying within the City
owned land be made available to members of the general
public for the purposes of ingress and egress, and directed
the Ad~ninistration and Legal Department-to prepare within
sixty (60) days a recordable instrument to accomplish this
purpose, and
WHEREAS, the Administration and Legal Department have prepared
such a recordable ~nstrument which is attached hereto as
"Exhibit A,"
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
.KENAI, AS FOLLOWS:
Section
The City Manager is hereby authorized to execute and
record the "Grant of Ingress and Egress," a copy of
which is attached hereto as Exhibit "A."
Section
Any resolutions of the City Council passed prior to
Resolution %78-168 which concern VOR-Moose Range Road
and impose any limitation thereon within the City
owned land for its use by the general public are hereby
rescinded.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this
day of December, 1978.
ATTEST:
Sue C. Peter, City Clerk
VINCENT O'REILLY, MAYOR
The following itens are over $500.00 whithered Gotmcil approval or ratification
12120/78
FOR~P~V~
~DLNT DESCRIFrlON PRDJEG~/DEPT. A/C Q1ARDE
Ba~ & Taylor
~vz~n USA
Doyle' s Fuel
Glacie~ State
Pe~ ~rs
~ O~fi~
~f~ ~tels
1,203.81 Books
883.95 Gas
984.34 Stove Oil
1,803.23 Nov. Tel. Bill
5,813.4§ Nov. Elec. Bill
562.30 l~Lsc. Bldg. Sup.
712.50 Maint. Cont.
891.61 Foo~ Supplies
1,108.82 Nov. Rental
5OO. 24 ~r
Office Supplies
I, 362.30 C~ris~as Pa~t~
634.08 Washe= & ~
2,162.30 Tires
Anti-Rec. -Library Books
S~p op~. s~.
V~ ~ts ~t~s
V~i~ ~ts Utilities
Str~ ~. S~.
J~l ~l~s
~ S~r~e ~t. ~t~
~. S~.
635.92
567.89
118.50
425.25
3~.20
984.34
1,803.23
5,813.45
55.14
81.65
7.26
418.28
712.50
891.61
1,108.82
36.08
268.29
159.95
1,362.30
63~.00
55~.23
1,608.07
OO559
08558
OO878
08766.
00~03
O0871
00870
00813
008~3
00907,00969
008~2,00900,
00831
08122,08121
13067
OO962
O0817
O0620, OO8O2
OO563,00695
O0798
FOR APPROVAL (CON?D)
~me~7 Inlet Insurance
College Place Binder7
FO~ ~ATIFICATI0~
Nattomal Bank of Alaska
tL $. Post Office
13,856.58
525.05
225,000.00
800.00
Umbrella Coverage
B~nding of Books
R~PO
Postage
P~P~
).5,183.59
201,833.75
Nov. I~tirement
Debt. Service. 1974
Library
Central
Print. & Bind.
13,856.58
525.0.5
1,2750
200.00
200.00
200.00
150.00
.50.00
1~,183.59
201,833.75
L
REQUISITIONS TO BE APPROVED (OVER $500) 12/20/78
V~OR
Ja~vitch Tractor
X~rox Corporation
~ Mall Travel
Xerox Paper
DEPARTMENT A__cog_UNT
Shop R~p. &Maint. Sup. 2,170.50
Non-Dept. Print. & Bind. 1,295.00
Anti-Rec.-Police Transportation
554.30
CITY OF KENAI
ORDTNANCE NO. 455
AN ORDINANCE ACCEPTING CONVEYANCE BY THE STATE OF ALASKA TO
THE CITY OF KENAI OF TIDE AND SUBMERGED LANDS LYING SEAWARD
OF THE CITY; APPROVING AND ADOPTING THE OFFICIAL SUBDIVISION
PLAT OF THE AREA CONVEYED; AND ESTABLISHING PROCEDURES BY
WHICH PREFERENCE RIGHTS MAY BE EXERCISED.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
ARTICLE I
GENERAL
Section 1. Short Title. This Ordinance shall be known
as the "Kenai Tidelands ordi'nance.''
Section 2. Definitions. For the purpose of this
Ordinance the terms defined herein shall have the meaning
provided unless the context requires otherwise:
(a) "Alaska" means the State of Alaska.
(b) "Agricultural Lands" means tidelands chiefly
valuable for agricultural purposes.
(c) "Assessor" means the Assessor of the City of
Kenai, Alaska, or other individual designated by the City
Manager to perform the functions herein assigned to the
Assessor.
"City" means the City of Kenai, Alaska.
(e) "City Engineer" means the City Engineer of
the City, or other city official designated to perform the
funotions herein assigned to the City Engineer.
(f) "Class I Preference Right" means the right
extended to persons who occupied or developed tide or submerged
lands seaward of a surveyed townsite on and prior to September
?, 1957. Such persons or their successors in interest, have
the right to acquire such occupied or developed tide or
submerged lands from the City for consideration of the costs
of survey, and transferring and conveying the title.
(g) "Class II Preference Right" means the right
extended to persons who occupied or developed tide or submerged
lands after September 7, 1957, and who continued to occupy
the same on January 3, 1959. Such persons, or their successors,
have the right to acquire such occupied or developed tide or
submerged lands for a consideration not to exceed the costs
of appraisal, and administering and transferring, including
survey, together with the appraised fair market value thereof,
exclusive of any value occurring from improvements or development,
such as fill material, building, or structures thereon.
(h) "Clerk" means the Clerk of the City.
(i) "Council" means the Council of the City.
(J) "Director" means the Director of Lands, State
of Alaska.
(k) "Director's Line" means a line seaward of the
City, approved by the Director, with the concurrence of the
Commissioner of Natural Resources, State of Alaska, seaward
of all tide and submerged lands occupied or suitable for
occupation and development without unreasonable interference
with navigation.
(1) "Fair Market Value" means the highest price,
described in terms of money, which the property would bring
if exposed for sale for a reasonable time in the open market,
with a seller, willing but not forced to sell, and a buyer,
willing but not forced to buy, both being fully informed of
all the purposes for which the property is best adapted or
could be used.
(m) "Fill" shall mean earth, gravel, rock, sand,
or other similar materials placed upon tide or contiguous
submerged lands to a height above the high water line for
the purpose of elevating the lands for a special useful
purpose. Earth, gravel, rock, sand, or other similar materials,
placed on tide or contiguous submerged land solely for the
purpose of spoils disposal shall not be considered fill
unless such fill was used for useful and beneficial purpose
on and prior to January 3, 1959.
(n) "Hearings Officer" means that City official
employed to hear disputes between claimants, summarize the
testimony, attempt to reach stipulations of fact between the
parties, assemble the record of the dispute, and submit the
same to the Council for determination.
(0) "Improvements" means buildings, wharves,
piers, dry docks, and other similar types of structures
-2-
Ord. 455-78, page 3
permanently fixed to the tide or contiguous submerged lands
that were constructed and/or maintained by the applicant for
business, commercial'~ recreation, residential, or other
beneficial uses or purposes. Floats secured by guide piles
used as floating wharves, where access is provided to the
shore, shall be improvements within the meaning of this
section, and fill material not actually in place to above
the line of mean high tide of January 3, 1959 and actually
utilized for beneficial purposes on January 3, 1959 by the
applicant shall be considered a permanent improvement, but
in no event shall fill be considered a permanent improvement
when placed on the tidelands solely for the purpose of
disposing of waste or spoils. Fill material not utilized
for a beneficial purpose on and prior to January 3, 1959,
and fill material not actually in place to above the line
~ean high tide on January 3, 1959 shall not be the basis for
an application, nor shall it be included in any application,
for the exercise of preference rights hereunder.
(p) "Industrial and Commercial Lands" means tide
lands chiefly valuable for industrial, manufacturing or
commercial purposes.
(q) "Kenai" means the City of Kenai, Alaska.
(r) "Manager" means the Manager of the City of
Kenai, Alaska.
(s) "Mean High Tide" at any place subject to
tidal influence shall be interpreted as the tidal datum
plane derived from averaging all the high waters observed at
that place over a period of nineteen (19) years. Mean high
water shall be interpreted to be as the intersection of the
datum place of mean high water with the shore.
(t) "Mean Low Tide" shall be interpreted to be
mean lower low water which is the mean of the lower of the
two low waters of each day for a tidal cycle of nineteen
(19) years.
(u) "Occupant" mea~s any person as defined herein,
or his successor in interest, who actually occupied for any
business, residential, or other beneficial purpose, tide or
submerged land, within the conveyance of such by the State
to the City, on or prior to January 3, 1959, with substantial
permanent improvements. No person shall be considered an
occupant by reason of having (a) placed a fish trap in
position for operation or storage upon the tide, shore, or
submerged land, (b) placed a setnet or piling therefor or
any other device or facility for taking of fish, (c) placed
pilings or dolphins for long storage or other moorage, (d)
placed telephone, power or other transmission facilities,
roads, trails, or other contiguous submerged lands, or (e)
-3-
Ord. 455-78, page 4
claimed the land by virtue of some form of constructive
o~cupaoe¥. Wh~r~ ]and is occupied by a Derson other than
the owner of the improvements thereon, the owner of the
improvements shall, for the purposes of this Ordinance, be
considered the occupant of such lands.
(v) "Occupied or Developed" means the actual use,
control, and occupancy, but not necessarily residence, of
the tide or submerged land by the establishment thereon of
substantial permanent improvements.
(w) "Ordinance" means the Kenai Tidelands Ordinance.
(x) "Park and Recreation Lands" means tidelands
chiefly valuable for public park and recreation use, including
scenic overlooks.
(y) "Person" means any person, firm, corporation,
cooperative association, partnership or other entity legally
capable of owning land or any interest therein.
(z) "Preference Right" subject to the classifications
thereof herein established means the right of an occupant to
acquire by grant, purchase, or otherwise, at the election of
the occupant, except as otherwise limited or prescribed in
this Ordinance, any lot, piece, parcel or tract of tideland
or submerged land occupied or developed by such occupant on
and prior to January 3, 1959.
(aa) "State" means the State of Alaska.
(bb) "Submerged Lands" means land covered by
tidal waters between the line of mean low water and seaward
to a distance of three (3) geographic miles, in their natural
state, without being affected by manmade structures, fill,
and so forth.
(cc) "Substantial Permanent Improvements" shall
for the purposes of the Ordinance have the same meaning as
Improvements, as herein defined.
(dd) "Tidelands" means lands periodically covered
by tidal waters between the elevations of mean high tide and
mean low tides, without regard to artificial interference
with tidal flows caused by manmade structures, breakwaters,
fill and the like. When used in this Ordinance it shall
also include submerged lands conveyed by the State to the
City.
-4-
.... i'' II I ........ I I .... I1'1 I1'~ ,11"11'11111111 I1-~11 .... I ................... i""~i''
Ord. 455-78, page 5
(ee) "Tidelands Subdivision Plat" is that certain
plat of subdivision of tidelands and submerged lands conveyed
by the State to the City made by H. H. Galliett, Jr., Regis-
tered Engineer, dated December, 1968, known as Alaska Tide-
lands Survey No. 272 and filed as 76-]79 ~n the K~nai Recording
District showing all structures and improvements thereon and
the boundaries of each tract occupied or developed, together
with the name of the owner or claimant thereof, including
within the boundaries of each tract occupied or developed
such surrounding tide and submerged lands as shall be reasonably
necessary in the opinion of the Council for the use and
enjoyment of the structures and improvements thereon by the
owner or claimant, but shall not include any tide or submerged
lands which if granted to such occupant would unjustly
deprive any occupant of adjoining lands from his reasonable
use and enjoyment thereof.
(ff) "Upland permit holder" is one having a valid
existing City permit or existing State lease honored by the
City pursuant to the provisions herein for the purpose of
setting nets the furthest distance landward from the inlet
waters while still being within tideland boundaries.
ARTICLE II
ACCEPTING THE STATE CONVEYANCE, APPROVING THE TIDELANDS
SUBDIVISION PLAT, ESTABLISHING PROCEDURES FOR THE EXERCISE
OF PREFERENCE RIGHTS, FILING AND PROCESSING OF APPLICATIONS,
PUBLICATION OF NOTICES, ADJUDICATION OF DISPUTES, PROVIDING
FOR PAYING COSTS OF SURVEY, APPRAISAL, TRANSFER, HEARING OF
DISPUTES, AND PURCHASE OF LANDS SUBJECT TO CLASS II RIGHTS.
Section 1. Approval and Acceptance of State Conveyance.
The conveyance by the State to the City, dated January 6,
1977, of tidelands and submerged lands lying seaward of the
City is hereby approved and accepted and the lands therein
are hereby declared incorporated into the limits of the
City.
Section 2. A~proval and Adoption of Subdivision Plat.
The Tidelands Subdivision Plat, hereinafter called Plat, is
hereby approved and adopted as the official Tidelands Subdivision
Plat of the City of Kenai, Alaska, of tide and submerged
lands conveyed by the State to the City, by conveyance dated
January 6, 1977. Said Alaska Tidelands Survey is numbered
272 and is filed under 76-179 in the Kenai Recording District.
Section 3. Time and Places of Posting Plat. Said Plat
shall be posted for a period of not less than Sixty (60)
4ays, commencing with the date following the date of final
passage of this Ordinance, in the office of the Clerk, City
Hall Building.
Ord. 455-78, Page 6
Section 4. Publication of Notice of ~osting Pi=~
and Plat and Pass~ge of ordinance. The Clerk shall cause to
be issued and published once a week for four (4) weeks, in
a newspaper of general circulation in the City, commencing
the day after the date of final passage of this ordinance, a
notice of the posting of said Plat containing the following
statements: (%) time and place of posting, (2) the day of
final passage, and the effective date of this Ordinance
which adopts the Plat as the official Tidelands Subdivision
Plat of the tide and submerged lands conveyed by the State
to the City on January 6, 1977, (3) that any and all persons
having or claiming preference rights provided by law and as
herein defined to any part or parts of the subdivided land
embraced within the boundaries of said Plat, who fail to
apply to exercise such rights under the provisions of this
Ordinance within two (2) years from and after December 10,
1978, which is hereby declared to be the date upon which
applications therefor will be first accepted by the City,
shall have forfeited their preference rights provided by law
and this Ordinance, and (4) that this ordinance was enacted
to protect occupants having preference rights, to afford due
process of law, to provide procedures for applying for
exercise of preference rights, for hearing and adjudicating
adverse claims, and for conveying title to occupants holding
preference rights defined by law and this Ordinance; and (5)
that copies of this ordinance and application forms are
available at the office of the Clerk of the City.
Section 5. Time in Which Applications Will Be Accepted
for Filing. Application Forms, in substantially the form set
forth'in S~ction 20(a) will be accepted for filing one
business day after the effective date of this ordinance, and
ending two (2) calendar years thereafter and at the close of
business at 5 P.M., after which no application forms will be
furnished and after which no applications will be accepted
for filing.
Section 6. Procedure for Filing Applications. Appli-
cations shall be ~ubmitted, and will be received f~r filings
only for the purpose of claiming preference rights herein
defined to the tidelands conveyed to the City by the State.
(a) Application forms will be provided by the
Clerk without charge at the City Clerk's
office in the City Hall Building.
(b) Applications must be submitted in triplicate.
(c) Applications not clearly legible nor properly
completed and certified by the applicant will
alleged may be used in hearings of disputes
their truth must be certified. The facts
alleged will also be the basis for the convey-
ances of valuable property. Willful and
deliberate misstatements of fact will be
equivalent to attempting to obtain valuable
public property by misrepresentation and may
be prosecuted as obtaining property under
false pretenses.
(e)
Applications may be mailed to the City Clerk,
Box 580, Kenai, Alaska, 99611, with the
proper deposit computed according to the
nature of the application made. Applications
properly completed accompanied with the
proper deposit will be stamped with the time
and date of filing and signed by the person
accepting the deposit. The triplicate copy
will then be delivered to the applicant, or
mailed to him if a return envelope with
postage affixed is furnished or delivered to
the City Clerk, City Administration Offices,
Airport Terminal Building, Kenai, Alaska.
Any application for a deed based on an asserted
right other than a preference right shall be
rejected.
(f)
No single application based on more than one
class of preference right, except an application
for a single subdivided lot, the claim of
right to which is based on more than one
class of preference right, nor any single ap-
plication claiming title to two (2) or more
lots which are not contiguous, shall be
accepted for filing.
(g) Applications not accompanied by the proper
deposit for costs shall be rejected.
Section 7. Deposits for Costs Prerequisite to Filing.
The application fOrm will assist the applicant in determining
the proper costs to advance, which will depend upon the
nature of the right claimed. In all cases a filing fee of
$10.00 will be required. Survey costs depend upon the area
claimed at the rate of $0.01516 per square foot. If the
area claimed is different from the lot as it appears on the
Plat the applicant shall show the measurements of the addi-
tional or lesser area claimed and compute and pay the dif-
ferent survey cost accordingly. Transfer costs will be the
Ord. 455-78, Page 8
same in all cases. They cover the cost of time estimated to
be required to examine, process and appruv~ the dp~li~atiun,
as well as to prepare and execute the deed, publish notice,
give notice of additional costs, if any, and give notice to
applicant. In all cases transfer costs will be in the
amount of $35.00. Deposit for appraisal costs will be
required in all cases of Class II preference rights, or
where another asserted right is determined by the Council to
be a Class II right. Appraisal costs will depend upon the
area involved and the complexity of the appraisal sought.
Where required as a deposit, the minimum amount is $50.00
but additional amounts not exceeding $100.00 may be required
prior to delivery of deed.
Section 8. Additional Costs in Certain Cases. Aside
from deposits required at the time of filing applications,
additional costs will be required to be paid prior to hearings
where disputes require hearings, and for cost of land under
a Class II right as well as appraisal thereof when a preference
right sought to be exercised is determined to be a Class II
right, as follows:
(a)
When the area claimed does not comply with
the boundaries of the lot shown on the Plat,
it is necessary to have a hearing to establish
the validity of the right claimed and whether
it is necessary for the Plat to be changed to
comply with the application. This may require
notice to be given to adjacent occupants
interested in the difference between the
lands claimed and land as shown on the Plat
so that all parties in interest may be heard
at the hearing.
When applications conflict with the same area
or portions thereof, it shall be necessary to
conduct a hearing to determine the fact and
the issue in question. Conflicting claims
will be carefully scrutinized and each disputing
party will bear the burden of proving facts
sufficient to establish the validity of his
claim.
The party filing an application conflicting
with a claim previously filed shall be required
to deposit hearings costs in the amount of
$50.00. If the conflict is not known at the
time of filing, the applicant shall be advised
of the conflict as soon as it is known and of
the need to deposit the hearing cost deposit.
Ord. 455-78, page 9
The applicant who after hearing and deter-
mination by the Council is determined to have
claimed the land of another shall be the
party to bear the cost of the hearing. If
such party did not deposit such costs, no
deed shall be delivered to him until the cost
is paid. Where the depositor is the prevailing
party, the hearing cost deposited shall be
refunded to him by the City.
(e)
When title by Class II preference right is
claimed, the applicant shall be required to
deposit the appraised purchase price after
appraisal has been made and the purchase
price has been so determined. The same
procedure will be applied when no application
under another Class of right is sought but it
is determined that the only available right
to the applicant is a Class II right.
(f)
When a preference right is sought to be
exercised other than a Class II right and
such right is determined to be a Class II
right, then the applicant shall be required
to deposit the estimated cost of appraising
the property claimed.
The applic~nt who receives the deed from the
City shall at his own cost bear the cost of
recording the deed.
Section 9. Procedures for Processing Filed Applications.
The Clerk shall cause the following procedures to be carried
outs
.(a)
Ail copies of applications accepted for
filing shall be stamped with time and date of
filing and an application number in chronol-
ogical order of filing.
(b)
Ail original applications shall be filed in a
permanent register and the names of the
applicants entered in an alphabetical index
which shall be a permanent part of such
register.
The application register shall be available
for public inspection during office hours of
the Clerk except when in actual use for
filing and indexing.
Ord. 455-78, page 10
(d)
(e)
Certified copies of all applications shall be
prepared for all persons upon request upon
Lh~ir ~aying $2.00 per page for copics of
said applications and any attachments forming
a part thereof.
Processing of duplicate applications. The
third copy of the application will be returned
to the applicant as his record and as receipt
for deposit made, or mailed to applicant if
he has provided a return envelope. The
second copy shall be the working file copy to
be handled and processed as follows:
(1)
Applications to exercise Class I preference
rights which apply for lands which
comply with the Plat with respect to
area and boundary locations shall be
transmitted to the City Engineer for
handling as provided in Section 11 (b).
(2)
Applications to exercise Class I preference
rights which claim lands which do not
comply with the Plat with respect to
area and boundary locations, shall be
transmitted to the City Engineer for
handling as provided in Section ll(a)
and further processing as provided in
Section 14.
(3)
Applications to exercise Class II
preference rights, and all applications
determined in whole or in part to be
Class II, shall be transmitted to the
Assessor for appraisal as provided in
Section 10.
(4)
No applications which combine Class I
and Class II preference rights will be
accepted for filing. Any such appli-
cation presented for filing shall be
returned to the applicant for revision
into two or more a~.p!ications, each of
which will apply for land under only one
type of preference right.
(s)
An application to exercise one class of
preference right which in part complies
with the Plat with respect to area and
boundary locations, but does not wholly
comply with the Plat in such respects,
shall be treated as if no part of the
application so complies with the Plat
and shall be processed for contest
hearing.
I_
Ord. 455-78, page 11
Section 10. Appraisal. Ail applications for Class II
preference rights shall be transmitted to a professional
appraiser for appraisal. His appraisal shall be made on a
form prepared in duplicate, the original of which shall be
attached to the application and the duplicate of which shall
be retained for his records. Applications when appraised
shall be transmitted to the City Engineer for further processing.
Section 11. Review by City Engineer.. All applications
being ready for processing shall be reviewed by the City
Engineer. Upon review and comparison with the Plat, he
shall make his statement in duplicate as to whether or not
the application seeks to exercise a preference right to land
which is described on the Plat, and complies with it in
respect to area and boundary locations, and the interest of
the City, if any, in the lands applied for.
(a)
Applications which do not conform to whole
lots on the Plat, or which seek to exercise a
preference right to land in which the City
has, or believes it has an interest in, shall
be transmitted to the Hearings Officer for
further proceedings under Section 14.
(b)
Applications which do comply wSth the Plat
with respect to area and boundaries, and
which do not seek to exercise a preference
right to land in which the City has an interest,
shall be considered approved and shall be
returned to the City Clerk for further proceedings
under Section 12.
Section 12. Processing of Approved Applications by Clerk
and Notice to Public.' Ail applications returned to the
Clerk approved by the City Engineer, and appraised by the
Assessor if required, shall be processed by the Clerk in the
following manner: The Clerk shall ascertain if the deposit
made by the applicant is sufficient to pay all known and
estimated costs of survey, appraisal, transfer, and purchase,
if of Class II, and if not, to advise the applicant that the
remainder due shall be deposited with the Clerk before
further processing. If or when the deposit is sufficient to
pay all such costs, the Clerk shall cause to be published
once a week for four (4) weeks, in a newspaper of general
circulation in the City, notice of the names of the applicant(s),
the Block and Lot numbers of the property claimed according
to Plat designations, the preference right claimed, the
improvements made, the length of time (including the dates)
the applicant occupied the land, and if Class II, its
appraised value, and that the City will issue to the applicant(s)
its Deed therefor within thirty (30) days after the last
date of publication, provided that before date of last
Ord. 455-78, page 12
publication no adverse application or claim has been filed
with the City. Durin~ said period of publication the applications
therefor shall be returned to the City Engineer who, at the
end of said period of publication, shall note on the application
whether or not any adverse claims have been filed for the
land in question. If adverse claims have been filed, the
applications shall be further processed for hearing. If no
adverse claims have been filed, the respective applications
shall be returned to the Clerk.
Section 13. Deeds--Permanent ~e~ister. The Clerk
shall then cause to be prepared a Quit-Claim deed conveying
such land to the applicant(s) that the City has and transmit
the Quit-Claim Deed to the Manager for execution. Notice
shall then be sent to the applicant to take delivery of said
Deed at the office of the Clerk, who shall deliver the same
to the applicant if all requirements have been met and all
costs, including purchase price, if required, have been
paid. Duplicate originals of all executed Deeds shall be
kept in the office of the Clerk in a permanent register
entitled "Kenai Tidelands Deeds" with permanent alphabetical
index of grantees.
Section 14. ~pecial Proceedings for Disputed Claims--
Establishment of Office of Hearings Officer'. There ~
hereby created, for the purpose of assisting the Council in
performing its duties of adjudicating disputes between
claimants of preference r.ights to tidelands, the office of
the Hearing Officer. He shall be appointed by the Council
to serve without compensation other than an agreed part of
the deposits made by claimants for hearing costs. His duty
shall be to set disputes for hearing and hear the evidence
~nder oath of the parties to the disputes. Proceedings
shall be informally conducted, and their object shall be to
determine without delay the respective basis of the conflicting
claims. Upon the submission of each dispute, the Officer
shall prepare a short summary of the conflicting claims and
the evidence submitted in support thereof, together with his
findings of fact, and conclusions of law. This summary
shall be transmitted to the Council for consideration and
adjudication.
Section 15. Proceedings for Determination by Council
of all Disputes. Upon receiPt'of the working fil~s in all
cas~s of ~lSputes, and the summary of the Hearings Officer,
together with copies of notices of hearings served upon or
mailed to all parties to the dispute, the Council shall set
the dispute of Hearing and determination, and cause notice
to be served on all parties. Upon the Council having heard
the dispute it shall enter its ruling thereon as quickly as
possible, but not later than ten (10) days after the matter
is submitted. Aggrieved persons shall have the right of
appeal to the Superior Court, within thirty (30) days after
the ruling of the Council is rendered. ~
Ord. 455-78, page 13
Section 16. Determination upon Stipulations of Facts.
Wherever possible, to reach agreement of the parties at
hearinqs before the Hearings Officer, a stiDulat]on of facts
shall be prepared and agreed upon by the parties. Where
this is done the Officer shall prepare and attach his
conclusions of law and submit the file to the City Engineer
to determine if the City's interests are affected by the
stipulation, or if a boundary change in the Plat is neces-
sary. If a Plat boundary change is required and no third
party or City interests are affected adversely by the proposed
change in boundaries of lots shown on the Plat, upon approval
of the Council the Plat shall be directed to be changed.
Should it be determined by the City Engineer that the stipulation
adversely affects the interest of the City or those of third
parties, the dispute shall be returned to the Officer for
further proceedings upon notice given.
Section 17. Re~ection of Protests Other Than by Applicant.
NO objections will be feceS%ed to proposed issuance by Deed
by the City on publication of notice thereof, nor will any
person be permitted to appear and be heard at any hearing of
a dispute before the Hearings Officer or the Council, unless
such objector or person is an applicant for preference
rights of Class I or II and has filed an application with
the Clerk. The foregoing shall not prevent the appearances
before the Hearing Officer or Council of witnesses appearing
on behalf of the parties in dispute.
Section 18. Handling of Deposit and Purchase Funds.
All funds received as deposits w~th applications for coSts
or purchase price for tidelands shall be deposited by the
Finance Director in the General Fund. Such deposits will be
credited by the Finance Director as follows~
Ca)
Survey Costs - as a credit to disbursements
made by the City for costs of preparing the
Tidelands Subdivision Plat.
(b) Transfer Costs - to Administrative Costs as
Deeds are issued.
(c)
Appraisal Costs - to Administrative Costs as
earned, or as credit to appraisal costs
incurred.
(e)
Hearing Costs - to Administrative Costs,
Hearings Officer.
Purchase Costs of Class II lands shall be
credited to a separate account in the General
Fund to pay for improvements in tidelands
areas consisting of fill, street, sidewalk
and sewer improvements.
Ord. 455-78, page 14
Section 19. Forfeiture of Preference Rights. Any
occupant or owner or holder of preference rights as herein
defined, who has not applied to the CiLy fur tltl~ Lher~to
as herein provided, on or before two (2) years after the
date applications to exercise preference rights will be
accepted for filing by the City under this Ordinance, by a
properly completed application duly filed with the Clerk and
accompanied by the required deposit, shall have forfeited
his right to assert his preference rights and acquire title
to tidelands subject thereto from the City; and such tidelands
and contiguous submerged lands subject to such unused preference
rights shall thereafter be free and clear of all claims to
preference rights and the City shall have no obligation to
convey the same to any Person or persons whosoever, and said
land shall then be and remain the property of the City and
be subject to such disposition as provided for by law or
Ordinance.
Section 20. Forms. The clerk shall cause to be printed
application forms an~ other forn'~ for use in processing the
same in substantially the follow, lng forms
APPLICATION FOR
TIDELAND PREFERENCE RIGHTS
Name
Rome Address
Post OfficeA~dress
Application No.
Mark X to designate nature of Preference Right Claimed
Class I
Class II
Does the Tideland Plat 272 correctly show the land applied
for?
Yes No
If Tideland Plat does not correctly show land applied for,
describe it by metes and bounds and attach plat of land
applied for (use attachment if more space is required).
All claimed improvements were first constructed and used (1)
before September 7, 1957 ? (2) between September
7, 1957 and January 3, 1959 '~ (3) after
January 3, 1959 ?
Ord. 455-78, page 15
TS any part of your claim based on ~mprovements and/or fill
constructed or placed after January 3, 19597 Yes
No . If answer is "yes" describe area improved
after January 3, 1959, (use attachment if more space is
needed) and state nature of improvements.
Have any of these improvements been extended or improved
after (1) September 7, 1957, (2) January 3, 19597 Describe.
To what beneficial purpose was fill used prior to (1) September
7, 1957 (2) January 3, 19597 Describe.
Was this beneficial use continued through January 3, 19597
Describe.
The Plat is based on apparent use and improvements existing
on January 3, 1959, recognized by the Alaska Land Act; state
any reason known to you why your claim does not correspond
with the Plat. (Use attachment if more space is required).
I offer Cash Money Order
Check in the amount of $
deposit for the following costs:
Cashier's
as
Use.by Clerk
Filing Fee
Survey Costs (at rate of .
per sq. ft.)
Appraisal Costs (Class II
Applications)
Transfer Costs ($ )
Hearing Costs (if claimadvers~
to prior application a deposit
of $ for hearing and
service no~£ce is required)
Total Deposit (Does not include
purchase price of land in
Class II Applications)
Deposit Received by City by
Date of Application
Date Application Received'by City
Time Filed
CERTIFICATION
I, , the above named applicant,
or its agent, hereby certify that all of the statements made
in the application and incorporated attachments, if any, are
t=us and correct.
Ord. 455-78, page 16
Print Name (s)
~gnature(s)
ASSESSORtS APPRAISAL
The undersigned appraiser(s) do hereby certify that he has
duly appraised the tide and/or submerged land described in
the attached Application No. of ,
without including in the hereinafter stated value any value
for valuable improvements constructed or placed hereon prior
to January 3, 1959, at the fair market value.
Tideland sq. ft. at $ per sq.
foot $
DATED at Kenai, Alaska, this . day of
197__
Signed
(c)
CITY ENGINEERmS REPORT
This is tO certify that the undersigned, City Engineer for
the City of Kenai, Alaska, has examined the attached Application
No. for and compared
the same to the Kenai Tidelands 'Plat and'under the provisions
of Ordinance No. do report as follows=
1. The land claimed corresponds to the Plat in area and
boundaries.
Yes No
2. The land claimed does not so correspond in the following
respects~
3. The land claimed is contrary to the interest of the City
of Kenai.
4. The land claimed has already been claimed in Application
No. Recommendations~
DETERMINATION BY COUNCIL
Dispute No.
Adverse Claimants
1.
2.
3.
4.
Ord. 455-78, page 17
Description of Land according to Plat
Othe~ De$cripLion:
Date of Hearing
Block
Notice Given
Lot
Persons Appearing:
Determination:
(e)
CITY OF KENAI, ALASKA
TIDELAND QUIT-CLAIM DEED
This deed, made in duplicate this day of ,
197 , by and between the City of Kenai, ~laska, Grantor,
an~--' _, Grantee (s).
WI TNE S SE T H :
That the said Grantor, for and in consideration of the
sum of One and No/100ths ($1.00) Dollar and other good and
valuable consideration, to it in hand paid by the said
Grantee(s), pursuant to the provisions of the Alaska Land
A~t (Chapter 169, SLA 1959) and Ordinance No. 455-78, enacted
on January 3, 1979, pursuant thereto, does hereby conveys,
quit claims, and confirms unto said Grantee(s) as tenants by
the entirety, with the right of survivorship (strike if
grantees are not husband and wife), and to his (their) heirs
and assigns (strike if Grantee a corporation), and to its
successors and assigns (strike if Grantee not a corporation),
all such interest as the Grantor has, if any, in the following
deeoribed lot, piece, parcel and tract of tideland and
contiguous submerged land situated within the corporate
limits of the City of Kenai, Alaska, and more particularly
described as follows, to-wit:
, according to the
All of Lot , Block
official Ti~S Subdivision plat-o-f the City of
Kenai, Alaska.
Together with all and singular the tenements, hereditaments
and appurtenances thereunto belonging or in anywise appertaining.
To have and to hold the same unto the said Grantee(s),
his or their heirs and assigns, (or) to its successors and
assigns, forever.
IN WITNESS WHEREOF, the Grantor has caused this Deed to
be executed the day and year hereinabove first written.
Ord. 455-78, Page 18
CORPORATE SEAL
ATTEST:
CITY OF KENAI, ALASKA
Its Clerk
By.'
ItS Manager
ARTICLE III
RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF
CITY-OWNED TIDE AND SUBMERGED IANDS NOT SUBJECT TO
PREFERENCE RIGHTS, OR WHERE PREFERENCE RIGHTS HAVE NOT
BEEN EXERCISED.
Section 1. Sale of Tidelands Notice.
All tide and contiguous submerged lands of which the
City has title and when the time for exercising preference
rights has expired, may be sold by quit claim deed pursuant
to the procedures set forth (including that of public notice)
in Ordinance 312-76. No tidelands shall be sold, until the
Council has received a recommendation thereon from the
A~visory Planning and Harbor Commissions.
Section 2. Leasing of Tidelands.
A. Policy. The City, in order to make sites available
for beneficial industries, may lease City-owned tidelands
to persons who agree to operate a beneficial industry
upon the terms and conditions the Council considers
advantageous to the City.
B. Lands Available for Leasing. Ail classified tide
and contiguous 'submerged land ~ithin the limits of the
City to which the City holds title may be leased as
hereinafter provided, for surface use only, and under
the condition that said tease is subject and inferior
to preference right claims that may be made within a
two year filing period for preference rights.
C. Classification Prior to Lease Required. Before
accepting applications to lease tidelands, the area
involved shall have first been classified for leasing
by the City Council with the approval of the Advisory
Planning and Harbor Commissions, and their availability
advertised in a newspaper of general circulation in the
area thirty (30) days prior to the time set for the
closing of the acceptance of application.
D. Concept Applications. All applications for lease
of tidelands shall be filed with the City Clerk on
forms provided by her and available at City Hall. Only
Ord. 455-78, page 19
forms completed in full and accompanied by a $20.00
filing fee will be accepted for filing. Filing fees
are not refundable. With every application the ap-
plicant shall submit a development plan showing and
stating (1) the purpose of the proposed lease (2) the
use, value and nature of improvements to be constructed
(3) the type of construction and (4) dates construction
is estimated to commence and be completed (5) whether
intended use complies with the zoning ordinance and
comprehensive plan of the City (6) describe generally
by reference to the Tidelands Plat the area to be
leased.
E. Rights Prior to Leasing. The filing of an application
for a lease 'Shall giv~ the applicant no right to a
lease or to the use of the land applied for. Any use
not authorized by a lease shall constitute a trespass
against the City.
F. Public Notice-Public Hearing. Notice of the lease
shall be published in a newspaper of general circulation
within the City once each week for two successive weeks
not less than ten nor more than thirty days prior to
the date of public hearing. The notice must contain
the name of the applicant, a brief description of the
land, its area and general location, proposed use,
term, proposed annual minimum rental (i.e. percentage
of fair market value or flat fee plus percentage of
gross pursuant to Section 3(b)), limitation if any,
and a declaration that the City Council will consider
the lease to the applicant on the basis of the applicant's
agreement to operate a beneficial new industry upon the
terms and conditions as set forth in its application
which is available for public inspection at the City
Hall offices. The notice shall state the date upon
which public hearing will be held before the City
Council for consideration of the application. The
applicant shall bear the costs of all such advertising
and his failure to pay the same within ten (10) days of
his being billed shall void his application.
G. Selection of Applicant. After the hearing provided
in sub-section F above, the Council will make its
selection and approval of the applicant if in the
Council's opinion, on the basis of all the testimony
presented, the award of the prospective lease will be
financially advantageous to the City and in the best
interests of the public welfare, health and safety.
The Council may impose additional conditions upon the
applicant before making its award. The decision of the
Council shall be posted on the City Bulletin Board the
day after the hearing and re~ain posted for ten days.
-19-
Ord. 455-78, page 20
H. Appeal. ~-~y person disagreeing with the decision
of the Council may appeal the decision by filing suit
in the Superior Court, Third Judicial District, within
t~n (10) d~y~ £~um th~ dale of the poshing of .... ' '
decision.
I. Appraisal and Survey of Leased Lands. Ten days
after the selection of the applicant if no civil action
has been filed pursuant to H above, the applicant shall
at his own cost obtain a professional appraisal and
survey of the land to be leased.
J. After the determination of the fair market value,
the lease document shall be prepared utilizing the
rental rate as affected by the fair market value and
after execution thereof by the applicant shall be
presented to Council for authorization for signature by
the City Manager.
Section 3. The Lease Document.
A. Term of Lease. Leases may be issued for a term of
not less than 5 nor more than 55 years. The applicant
shall state in his application the term desired. In
determining whether to grant a lease for the requested
term, the Council shall consider the nature, extent and
cost of the improvements which the applicant agrees to
construct thereon as a condition of the lease, the
value of the applicant's proposed use to the economy of
the City and other relevant factors.
B. Contents of Lease and Rent. The lease will contain
the provisions as required of leases of municipal
airport lands and facilities, Ordinance 400-78, except
that the Council as an alternative to the rent provisions
therein provided may establish a rental rate based upon
a fixed rate and percentage of gross of the lessee's
enterprise, when the Council has determined that it
w~uld be in the City's best interest to do so.
Section 4. Permit for use--Conditions.
A. Permits. When in the best interest of the City,
the Council may issue permits (other than set-net
perm/ts covered by Section 5) for the use and/or improvement
of City owned tidelands or for the removal of m!.nerals
or materials therefrom. The Council shall give such
preference to the use of the land as will be of greatest
economic benefit to the City.
-20-
Ord. 455-78, page 21
B. Fees. Permit fees shall be set by the Council for
each'case. In addition to set fees, a permit fee may
be based upon a percentage of the gross of the permit-
tee'= enterprise thereon.
C. Permit for use--Application. Application for
tidelands permit shall be submitted to the manager.
The manager shall submit the application to the Advisory
Planning and Zoning and the Harbor Commission for their
approval or disapproval and, upon its return, shall
report the findings of these commissions to the Council,.
whereupon the Council may, with or without a public
hearing, grant or reject the requested permit.
D. Permit for use--Term--Revocation--Renewal--
Sale of improvements.
ev0cable~ ~enewable--duty of permittee. Permits
ssued shall not exceed one year in duration, but
are renewable at the option of Council. Ail
permits shall be revocable when used contrary to
the conditions under which they are granted, or
when the Council in its Judgment determines that
the best interest of the City would be served by
revocation. If any permit expires or is revoked,
all improvements placed on the tide or contiguous
lands shall be removed by the permittee within 60
days, provided, however, that the manager may
extend the time for removing such improvements in
cases where h~rdship is shown. A permittee may,
with the consent of the manager, sell his improve-
ments to any succeeding permittee.
Sale of improvements. Any improvements or chattels
having an appraised value in excess of $10,000.00 . .
which are not removed within the time allowed
shall be sold at public sale and the net proceeds
thereof, if any, shall be paid to the permittee
after paying all expenses of the sale and charges
due to the City. If there are no other bidders,
the City may bid in the property for the total
amount of permittee's indebtedness to the City.
Any improvements having a value of less than
$10,000.00 which are not removed within the time
allowed shall revert to and become the absolute
property of the City.
Rights-of-way and Easements Granted by Permit.
Permit may be issued by the manager after consultation
with the Harbor and Planning Commissions and after
approval by the Assembly for utility lines and services
of all types and for necessary rights-of-way. Such
permits shall be revocable at the option of the City.
-21-
_ _ _ I~1 IIII1~1 .... .
Ord. 455-78, page 22
Section 5. Set-Net Permits
A. ~. The City may grant permits for the place-
ment of fishing set nets on City-owned tidelands.
Users of such permits are bound by the rules imposed by
the Alaska Board of Fish & Game. The number of set-net
permits granted will be influenced by environmental and
economic considerations.
B. Option Rights. First option shall be granted to
the Upland permi~ holder over other nonpreference
applicants for the use of tideland and contiguous sub-
merged land seaward of the upland property and which is
needed by such owner for the purpose of set-netting,
provided that the permit granted pursuant to such
option may be no longer than the length of the original
set-net permit or lease for the use of the upland
tract..The reasoning behind granting such a first
option is to avoid the inequity, confrontation and
strife that may result where the upland set-netter is
cut off from fishing runs by set-nets placed seaward of
his nets.
C. Conditions. In order to benefit the greatest
number, while-still being aware of the need to preserve
the environment and its food supply, the following
conditions attach to all set-net permits issued by the
City which shall additionally be set forth in each
permit issued.
1. Two permits per individual. No one individual
may hold more than two set-net permits of any kind
from the City, and in no event shall such permit
site contain in excess of the number of units of
legal gear allowed by the Alaska Board of Fish and
Game in the region in which the City tidelands are
lo~ated.
2. Status of permittee. The permit allows the
placing of set-net equipment upon City tidelands
under certain conditions herein enumerated. No
right or title whatsoever nor exclusive right to
the use in the land is granted to the permittee by
such Permit. The Permittee may not block access to
said lands in any way. No Permanent installation,
building, structure, fixture or facility shall be
erected upon permit tracts except those features
directly necessary for the operation of a set-net.
3. Size of ~rp~t ~nd_place~ent of set-nets. The
size of the lnalvi~ua£ set-net tract is determined
by the City Council at the time of classification
Ord. 455-78, page 23
of the tideland for set-net permit sites. The
s~ze of the set-net tracts shall not be greater
than twice the minimum distance minus one Zoot
allowed between nets by the Alaska Board of Fish
and Game regulations for the local area. The
maximum distance of the tract side line from the
nearest net site within the tract shall not exceed
one-half the distance allowed between net sites by
the Alaska Board of Fish & Game regulations. The
seaward end line of each tract and the landward
end line of an off-shore tract shall not be
farther from the seaward end of the nearest net
than one-half the distance prescribed by the
regulations of the Alaska Board of Fish & Game as
the minimum distance between nets. The horizontal
distance between net sites shall be in accordance
with the Alaska Board of Fish & Game Regulations
to the locality.
4. Marking of lease tracts. Unless otherwise
approved by the manager, e~ch tract shall be
marked at the right corner not lower than the mean
high tide line with a wooden post at least three
inches in diameter. To protect the marker the
applicant whenever possible should place the
marker on an extension of the boundary line above
the high water line, but in a location visible
from the tidelands. The marker must be at least
two feet in height above the ground level. The
marker shall be painted a light color to which
must be attached a sign bearing,the fisherman's
shore fishery permit number.
5. Use of permit. The permittee must personally
utilize the set'net site for not less than four
legal fishing periods during the commercial fishing
season. The permittee may refrain from utilizing
the set-net permit for any one year, but not two
consecutive years. The manager may make written
exceptions to these rules when its strict enforce-
ment will work a hardship to the applicant.
Written exceptions or denials for exceptions
stating the circumstances and reasoning shall be
kept on file for public inspection.
6. Closed area. No set-net permit may be utilized
in sites Closed to fishing by the State Board of
Fish & Game and other state authority, but such
permits shall not be revoked for failure to utilize
the set-net permit.
Ord. 455-78, page 24
7. Hardship. The annual rental may be waived in
the case of substantial injury, illness, call
military service or when the area ia lugully
closed to fishing. The lessee must make application
to the manager for waiver of the annual rental not
less than 30 days before the due date. The manager
shall render a written decision to be kept on file
describing the reasoning for allowing or disallowing
such waiver.
8. Qualifications of applicant. An applicant for
a permit is quafified if the applicant:
(i) is a citizen of the United States and at
least 19 years of age; or
(ii) has filed a declaration of intention to
become a citizen and is at least 19 years of
age; or
(iii) is qualified under other sections of
these regulations.
9. Proof of qualification. In addition to the
information submitted with the application, the
manager may request such additional proof of
qualificationas is deemed necessary to help
determine the qualified applicants. Failure to
comply with any request for proof of qualification
or additional information shall be reason for the
disqualification of an applicant.
10. Rights prior to permit issuance. The filing
of an application for a permit shall not in any
way vest any right in the applicant to a permit.
11. Conditional issuance of permit. Ail set-net
permits shall be conditional subject to=
(i) the permittee obtaining a current
commercial fishing license;
(ii) utilization as per sec. 5 above;
(iii) the commercial fishing regulations of
the State of Alaska.
12. Issuance of permit. After expiration of
allowable appeal period, the manager shall issue
the permit to the appropriate person. In the
event an appeal is filed, no permit shall be
issued until the Council's ruling is received and
the time for appeal to the Superior Court has
expired.
Ord. 455-78, page 25
13. Proper location by the permittee. It shall
be the responsibility of the permittee to properly
]ocatm h~mself on the permit tract.
14. Annual fee. The annual fee for set-net
permits pursuant to subsection I, is due in
advance at its inception and shall be prorated to
July 1st of each year.
15. Successor in interest. In the case where one
person has purchased or otherwise legally acquired
all rights and interest in another person's set-
net permit, the purchaser shall succeed to all
rights and privileges that the seller would be
eligible to enjoy under the provisions of these
regulations provided that the purchaser submits to
the manager:
(i) a certified statement setting forth the
name of the seller, location of the net site,
and the date of purchase; and
(ii) a certified statement by the seller
setting forth the length of time he has
personally operated the net site or net sites
and further stating that he has relinquished
to the purchaser all his rights and interest
in the permit and the name and address of
each of the adjacent set-net permittees.
16. Appeal. Any action, order or decision made
by the manager may be appealed by an aggrieved
party to the City Council. The appeal must:
(i) be filed within 10 calendar days after
receipt of notice of the director's action;
(ii) be filed in duplicate;
(iii) specify the action or actions to be
reviewed by the Council; and
(iv) specify the grounds urged for the
reversal or modification of the decision.
The decision of the Council is final. The appellant
may seek to file suit against such decision in the
Superior Court, Third Judicial District, no later
than ten days after receiving notice of the Council's
decision at which time he will be considered to
have waived his objections.
Ord. 455-78, page 26
17. Disputes of boundary line location. In a
dispute concerning one or more set-net permit
sites, the protesting party may request the
manager to reestablish by survey the boundary
lines of each tract or tracts in question. The
manager may require that a survey be performed to
determine the original location of the boundary
lines in dispute. The party or parties at fault
shall pay the cost of the entire survey, or,
failing to do so, the permit of the party at fault
shall be revoked.
D. Classification of Set-Net Areas. Before granting
any set-net permit, the City Council by resolution
previously advertised in a newspaper of general circulation
no less than five days before the date of hearing and
with the approval of the Harbor and Planning & Zoning
Commissions, shall classify the area to be utilized for
such permits except that where there are existing
upland permittees of set-net permits than there shall
be no advertising required where said existing setnet
permittees exercise their option to apply for such
permit sites pursuant to Section 5(b) above. The land
shall be surveyed and platted into individual tracts to
be utilized for set-net permits. The cost of surveying,
platting, advertising and other out-of-pocket expenses
incurred in properly classifying the land shall be
reimbursed by the eventual permittees, if any, or shall
be paid for directly by option holders. The Council at
the time of considering the resolution shall determine
the permit fee to be charged for set-net permits and
make that determination part of the resolution to be
passed.
E. Notice. Notice of the classification of the lands
avai~-~for set-net permits, the time period for the
acceptance of applications, and the permit fee shall be
posted on the City Bulletin Board ten (10) days prior
to the acceptance of applications therefore. In ad-
dition, notice of the classification shall be printed
in a newspaper of general circulation within the area
ten (10) days prior to the time for acceptance of
applications. This paragraph shall not apply where
existing set-net permit holders exercise their option.
F. Applications. Applications for set-net permits for
classified lands shall be submitted on forms provided
by the City Clerk and shall be accompanied by a $20.00
non-refundable application fee.
G. Withdrawal of Classification. The Council may at
any time p~ior to the selection of permittees rescind
its resolution classifying permit lands and refund the
application fees made.
Ord. 455-78, page 27
H. Selection. Where more than one applicant applies
per set-net permit, the sei~ution ~hall b~ mad~ by
lottery at a public drawing. The manager shall reject
all applications disqualified for failure to meet the
conditions of subsection "B." A disqualified applicant
may appeal his disqualification to the City Council
pursuant to subsection B, paragraph 16.
I. Permits-duration. Except for option permits
pursuant to Sec. 5(b), set-net permits shall be granted by
the
City Council for periods of no longer than four (4)
years in length. Permits are not renewable and the
expired set-net site must be reclassified pursuant to
subsection "C" before permits thereon may be granted
again.
J. Fees. Set-net permittee will pay their proportion-
ate s-~e of the survey platting and other classification
expenses incurred by the City. In addition, set-net
permittee fees shall be determined by the Council by
resolution at the time of the classification of the
land for set-net purposes. Said fee may be a fixed fee
or fixed fee plus a percentage of the gross income the
permittee derives from the use of the set-net permit.
K. Revocation of Permits. Permits may be revoked im-
mediately by the Manager for the following reasons:
(1) Breach by permittee of the permit conditions
set forth in the permit.
(2) Failure to pay the permit fee, or to render
the proper information in determining the per-
centage of gross of income obtained from permit
use.
(3) If issued in error with respect to material
facts.
(4) If the permit site is being used by the
permittee for purposes other than setting nets or
for unlawful purposes, or in violation of Alaska
Board of Fish & Game rules and regulations.
(5) If the permit site is not utilized pursuant
to the conditions imposed by subsection "B."
(6) By mutual consent.
A permittee may appeal the revocation of the permit to
the City Council by following the procedures set forth
in subsection B(16).
L. Rules and Regulations Governing Existing Set-
Net Permits. set-net pekm£ts or leases exfsting'ne:ween
,0
Ord. 4§5-78, page 28
the State Department of Natural Resources and various
set-net permittees at the time that the City gained
ownership of the tidelands areas, will be honored as
permits by the City for the duration of time t~at the
leases or permits are in effect.
No renewals thereof, however, will be granted, and the
set-net permittee or lessee whose permit or lease has
expired will stand in the same position as any other
permittee applicant seeking a permit from the City.
Where the existing lease or permit contains a right of
renewal, then that provision will be honored for one
renewal period as designated under the lease but shall
be termed and considered as a permit rather than a
lease. Unless as otherwise specified in the existing
permit or lease, the fee for the set-net permit shall
be as determined by following the current State Department
of Natural Resources fees applicable to such set-net
permits.
M. Effect of Existing Preference Rights. Permits are
subject 'and inferior to any outstanding preference
rights which have not yet been claimed within the two
year limitation period set out in Article II, Section
5.
N. Unauthorized use-Penalty. The placing of any set-
net gear, poles,"lines or 'o~her equipment used for
commercial fishing upon City-owned tidelands without a
valid set-net permit issued pursuant to this ordinance
is unlawful and the violator may be subject to a civil
penalty of $100 per day. In addition, the City may
seek injunctive relief from the Superior Court to
discontinue such unlawful use.
O. Access to Set-net Sites. Set-net permittees shall
use access roads to set-net sites as indicated in the
set-net permit granted.
ARTICLE IV
ENCROACHMENTS BY BUILDINGS OR OTHER STRUCTURES ON
TIDELAND CONVEYED IN ACCORDANCE WITH THIS ORDINANCE.
Section 1. Encroachments by Buildings Over Property
Lines. Unless otherwise noted, the tideland property lines
so-~on the plat between the meander line and the Pierhead
line are located to clear all buildings at the ground floor
or street level, including significant upper story projections
of the building which extend beyond the foundation lines.
In certain instances, portions of the building, such as
overhanging roofs, may not be clear of the property line.
In this event it is intended that the encroachment will be
Ord. 455-78, page 29 ~
permitted for the remaining useful life of the building, and
that an easement for such encroachment will be understood to
exist as a condition of title to the adjoining property upon
w~ich the encroachmen= occurs.
Section 2. Termination of Easements. Easements for
such encroachments shall be terminated whenever the present
encroachment is removed or altered in any way.
Section 3. Encroachments on Rights-of~gy. Rights-of-
way established in tideland areas are generally of uniform
width. Viaduct or trestle structures and sidewalk and
roadways existing or under construction in these areas may
vary in alignment so as to encroach beyond the rights-of-way
lines in certain places. In this event it is intended that
a perpetual easement for such enc£oachment will be understood
to exist as a condition of title to the adjoining property
upon which the encroachment occurs.
Section 4.. Encroachments of Buildings on Rights-of-
way. The encroachment of buildings and other structures
upon rights-of-way established in tideland areas will be
permitted for the remaining useful life of the building or
other structure, and where such encroachments exist, an
easement for the encroachment is hereby established. Easements
for such encroachment shall be terminated whenever the
present encroachment is removed or altered in any way.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd
day of January, 1978.
VINCENT O'HEILLY, MAYOR
Attest~
Sue C. Peter, City Clerk
First Reading: December 20, 1978
Second Reading: January 3, 1979
Effective Date: February 3, 1979
CITY OF KENAI
ORDINANCE NO. 456-78
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
DECLARING CERTAIN LANDS FORECLOSED BY THE KENAI PENINSULA
BOROUGH AND DEEDED TO THE CITY OF KENAI AS DEDICATED FOR
PUBLIC USE AND/OR SURPLUS TO THE NEEDS OF THE CITY AND
AMENDING ORDINANCE #312-78 TO PROVIDE FOR WRITTEN NOTICE TO
FORMER OWNERS OF SAID PARCELS PURSUANT TO STATE STATUTE.
WHEREAS, on May 31, 1978 certain lands, foreclosed by the
Kenai Peninsula Borough, were deeded to the City of Kenai,
and
WHEREAS, these lands have been reviewed by the City of Kenai
Advisory Planning and Zoning Commission in accordance with
the City Code, and
W~]~REAS, the Commission's recommendation as to retention for
public use and/or disposition of certain land is in order,
and
WHEREAS, A.S. 29.53.370 and A.S. 29.53.375 provide for the
notice of this ordinance to previous owners of said property
by Certified Mail, and
WHEREAS, such new state statutory sections should be added
to Ordinance %456-78 providing for the sale of foreclosed
land.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI AS FOLLOWS:
Section 1:
That the following parcels, as described below, along
with the name and address of their former owner shall
be retained for public purposes for park and recreation
sites:
Parcel #
039-035-0100
Legal Descriptign
Black Gold Estate,
Block 5
Former Owner
West Pacific Land Dev. Corp.
313 E St., Suite 1, Anch. Ak.
043-050-1700
Sec. 31, T6N, RllW,S.M.
Lots 40, 41, 42
North Kenai Home
Owners Assoc. Inc.
General Del.
Kenai, Ak. 99611
Ord. 456-78, page 2
Former Owner
RaymonO Gee
9419 Wamble
Oakdale, Ca. 95361
Legal Description
orig. Twn. Kenai
Lot 2, Block 12
Parcel #
04'/-OU4-02UU
Section 2:
That the following parcels, as described below, along
with their former owners shall be retained by the City
for public purposes for a future site for a fire station:
039-054-0900
C.F. Ahlstrom Sub.
Lot 9, Blk. 11
James E. Ewart
Box 487
Fairbanks, Ak. 99707
039-054-1000
039-054-1100
C.F. Ahlstrom Sub.
Lot 10, Blk. 11
C.F. Ahlstrom Sub.
Lot 11, Blk. 11
James E. Ewart
Fairbanks, Ak. 99707
James E. Ewart
Box 487
Fairbanks, Ak. 99707
Section
That the following parcels are declared to be surplus
to the needs of the City and are not needed for public
purposes and therefore shall be sold in accordance with
Or4inance 312-76 as amended herein:
039-054-1200
C.F. Ahlstrom Sub.
Lot 12, Blk. 11
James E. Ewart
Box 487
Fairbanks, Ak. 99707
039-054-1300
C.F. Ahlstrom Sub.
Lot 13, Blk. 11
James E. Ewart
Box 487
Fairbanks, Ak. 99707
039-054-1400
C.F. Ahlstrom Sub.
Lot 14, Blk. 11
James E. Ewart
Box 487
Fairbanks, Ak. 99707
039-081-2300
C.F. Ahlstrom Sub.
Lot 36, Blk. 13
James E. Ewart
Box 487
Fairbanks, Ak. 99707
039-062-1600
C.F. Ahlstrom Sub.
Lot 16, Blk. 9
West Pacific Land
Dev. Corp.
313 E St.,
Suite 1
Anchorage, Ak. 99501
Ord. 456-78, page 3
Section 4=
Ordinance 312-76 is hereby amended to add the following
provisions. Add a new section 9 to said ordinance to
read:
(a) The City Council shall determine by ordinance the
foreclosed property deeded to the City by virtue of
A.S. 29.53.360 and shall be retained by the City for a
public purpose. The ordinance shall contain the legal
description of the property, the address or a general
description of the properties sufficient to provide the
public with notice of its location, and the name of the
last record owner of the property as his name appears
on the assessment roles of the City.
(b) Tax-foreclosed properties conveyed to the City by
tax foreclosure and not required for a public purpose
may be sold. Before the sale of tax-foreclosed property
held for a public purpose, the assembly or Council, by
ordinance, shall determine that a public need does not
exist. The ordinance shall contain the information
required in (a) of this section.
(c) The Clerk ~hall send a copy of the published
notice of hearing of an ordinance to consider a determination
required by (a) or (b) of this seciton by Certified
Mail to the former record owner of the parcel of property
which is the subject of the ordinance. The notice
shall be mailed within five days of its first publication
and shall be sufficient if mailed to the property owner
at last address of record.
(d) The provisions of (c) of this section do not apply
with respect to proper~y which has been held by the
City for a period of more than ten years after the
close of the redemption period.
A new section 10 shall be added as follows:
Repurchase by record owner
(a) The record owner at the time of tax foreclosure of
property required by the City, or his assignees, may,
at any time before the sale or contract of sale of the
tax-foreclosed property by the Borough or City repurchase
the property. The Borough or City shall sell the
property for the full amount applicable to the property
under the judgment and decree with interest at the rate
Ord. 456.~78, page 4
of 8% a year from the date of entry of judgment of
foreclosure to the date o~ repurchase, delinquent taxes
assessed and levied as though it had continued in
private ownership, and costs of foreclosure and sale,
including, but not limited to, costs of publication of
notice and any costs associated with the determination
of holders of mortgages and other liens of record under
A.S. 29.53.350(a).
(b) After adoption of an ordinance providing for the
retention of a parcel of tax-foreclosed property by the
City for a public purpose, the right of the former
record owner to repurchase the property ceases.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd
day of January, 1978.
ATTEST:
VINCENT O'REILLY, MAYOR
Sue C. Peter, City Clerk
First Reading: December 20, 1978
Secon4 Reading: January 3, 1978
Effective Date: February 3, 1978
CITY OF KENAI
oRDINANCE NO. 457-78
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
LEVYING ASSESSMENT AGAINST BENEFITED PROPERTY OF THE ROAD
ASSESSMENT DISTRICT ESTABLISHED BY ORDINANCE NO. 357-77 AND
ESTABLISHING RELATED PROCEDURES.
WHEREAS, Ordinance No. 357-77 established an assessment
district in conformance to law for the paving and installation
of appropriate drainage of Redoubt and Willow Street to the
Kenai Mall, and
WHEREAS, the cost of the project shall exceed the estimated
costs of $66,700 of which the maximum of $46,700 is assessable
against the benefited properties.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL of the City of
Kenai, Alaska as follows:
Section
The amount to be assessed against the benefited properties
is $46,700.
Section 2:
Method of computation and schedule of assessment are as
follows~
Properties benefited shall be assessed according to
square footage served. Each benefited lots served
square footage shall be computed by multiplication of
frontage on Redoubt Way to a maximum of 200 feet in
depth or to the rear of the lot line. Where Redoubt
Way terminates at private property, square footage
benefited shall be computed by the encompassed square
footage measured from the edge of the right-of-way at
the point of intersection of private, benefited property
for a distance of 200 feet, and to include the logical
extension of Redoubt Way right-of-way for 200 feet.
ETOLIN SUBDIVISION
SQUARE FOOTAGE
ASSESSMENT
Lot 5 043-270-0500 39,153 $ 7,871.53
Lot 6 043-270-0600 44,132 8,872.53
ALYESKA SUBDIVISION
Lot 1 043-200-1200
LOt 2 043-200-1100
Lot 3 043-200-1000
LOt 4 043-200-1900
Lot 4A 043-200-1800
TOTALS
~QUARE FOOTAGE
ASSESSMENT
22,510 $ 4,525.53
19,470 3,914.35
23,910 4,806.99
50,228 10,098.10
32,883 6,610.97
$232,286 $46,700.00
Ordinance #457-78, Page 2
Section
That payments of the assessments levied by this Ordinance
shall be made as follows:
A. If made in cash, a lump sum shall be due on or
before the 1st day of April, 1979.
B. If paid in installments, payments may be paid
over a period of ten (10) years in ten (10) equal
annual installments including interest at the rate
of eight (8) percent per annum. Said installment
payments shall be due commencing on the 1st day of
April, 1980 and on the same day of the same month
in each successive year thereafter until discharged
in full.
C. Payment, if made in one lump sum, shall be
delinquent on the 1st day of May, 1979.
D. If payments are made in installments, they
will be delinquent thirty (30) days after the due
day of payment of each individual installment.
E. The penalty shall be at the rate of ten percent
(10%) on delinquent payments.
F. Interest shall be due and payable on unpaid
installments and delinquent payments computed at
the rate of eight percent (8%) simple interest per
Section 4:
Owners of record of the lots to be assessed as listed
with the Borough Assessor's Office as of December 7,
1978 shall be notified by Certified Mail of this
assessment ordinance, a copy of which shall be provided.
Section
A public hearing shall be held on this Ordinance on
January 17, 1979 at 7:00 p.m. in the Public Safety
Building. Written protest or objection to this Ordinance,
assessment roll, must be made before the public hearing.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th
4ay of January, 1978.
ATTEST:
Sue C. Peter, City Clerk
VINCENT O'REILLY, MAYOR
First P~ading= December 20, 1978
Seoond Reading: January 17, 1979
Effective Date: February 19, 1979
CITY OF KENAI
ORDINANCE NO. 458-78
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING THE PERSONNEL REGULATIONS AND IN PARTICULAR ORDINANCE
NO. 414-78, CLASSIFICATION PLAN.
WHEREAS, the Council by motion has authorized the City
Manager to advertise for the employ of a Parks and Recreation
Director, and
WHEREAS, an appropriate position must be created within the
Classification Plan of the Personnel Ordinance, and
WHEREAS, the Council has indicated that a desirable salary
range is Grade 16.
NOW, TH~REFQRE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, .ASLA~ that Ordinance No. 414-78, Section 1, Social
Services~be~amended to revise the Class Code No. 503 to read
"Parks & Recreation Director* 16" instead of Class Code No.
503 "Parks & Recreation Supervisor 8."
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd
day of December, 1978.
ATTEST:
VINCENT O'REILLY, MAYOR
Sue C. Peter, City Clerk
First Reading: December 20, 1978
Second Reading: January 3, 1979
Effective Date: February 3, 1979
CITY OF KENAI
ORDINANCE NO. 459-78
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE
1978-79 GENERAL FUND BUDGET BY $2,344.
WHEREAS, the Council, by Resolution No. 78-127 authorized
the City Manager to apply for a Criminal Justice Planning
Agency grant to provide monies for Officer Cordle to attend
a Drug Enforcement Administration School in Washington,
D.C., and
WHEREAS, the Criminal Justice Planning Agency has awarded a
grant in the amount of $2,344 toward this purpose, and
WHEREAS, proper accounting practices require that all ap-
propriations of City monies be made by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that estimated revenues and appropriations in
the 1978-79 General Fund Budget be increased as follows:
Increase Estimated Revenues:
State Grants-Justice
$2,344
Increase Appropriations:
Police-Transportation
$2,344
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd
day of January, 1978.
ATTEST:
VINCENT O'REILLY, MAYOR
Sue C. Peter, City Clerk
Approved by Finance:
First Reading: December 20, 1978
Second Reading: January 3, 1978
Effective Date: January 3, 1978
BE IT RESOLVED BY TIIE COUNCIl, OF TIIE CITY OF KENAI, ALASKA TtlAT
THE FOLLOWING TRANSFER OF MONIES BE MADE IN TIlE CAPITAI. PRO,II~CT
FUND BUDGET ENTITLED "KENAI ~,'/ATER PROJECT 07-01-01684."
F ROM:
Contingency
($1,057)
TO:
Administration Interest
Preliminary Expenses
Inspection
$ 750
45
262
This transfer is needed to bring the City of Kenai and EDA
Project budgets in agreement, and to fund incidental overages
in line-item expenditure categories.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THIS 20th
dam of December, 1978.
ATTEST:
Sue C. Peter, City Clerk
Approved by Finance d~:~
VINCENT O'REILLY",' MAYOR
CITY OF KENAI
~ESOLUTION NO. 7A-706
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA
THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1978/79
GENERAL FUND BUDGET.
From:
Streets-Repair & Maintenance Supplies
($249)
To=
Streets-Repair & Maintenance
$249
The purpose of this transfer is to fund repairs made by
Glacier State Telephone Company on their cable in Thompson
Park. The cable was cut by the City of Kenai in the course
of road maintenance.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th
day of December, 1978.
VINCENT O'REILLY, MAYOR
ATTEST:
Sue C. Peter, City Clerk
Approved by Finance: 6~m_?
I :. ' ~ RESOLUTION N~ 7R-~7
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA
THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1978/79
BUDGET:
General Fund:
From:
Police-Office Supplies
($250)
To=
Police-Communications $250
S~ecial Revenue Fund-State Jail Contract
From:
Miscellaneous ($600)
To~
Communications $600
This transfer is necessary to fund additional communication
costs as a result of (1) increased work load on major cases,
and (2) the need to install a new phone line for the Jail
Facility.
PASSED by the Council of the City of Kenai, Alaska this 20th
day of December, 1978.
ATTESTs
VINCENT O'REILLY, MAYOR
Sue C. Peter, City Clerk
Approved by Finance:
CITY OF KENAI
RESOLUTION NO. 78-208
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA
THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1978/79
STATE JAIL CONTRACT SPECIAL REVENUE FUND BUDGET.
From:
Miscellaneous ($600)
To=
Small Tools & Minor Equipment $600
This transfer is needed to allow the Jail Facility to purchase
minor equipment, primarily for office and kitchen use.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th
day of December, 1978.
VINCENT O'REILLY, MAYOR
ATTEST:
Sue C. Peter, City Clerk
Approved by Finance:
CITY OF KENAI
RESOLUTION NO 78-209
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REQUESTING THE KENAI
PENINSULA BOROUGH BOARD OF EDUCATION AND/OR THE KENAI PENINSULA BOROUGH PUBLIC
WORKS DEPARTMENT INSTALL ILLUMINATION AT THE WALKWAY ENTRANCE TO SEARS ELEMENTARY
SCHOOL.
WHEREAS, the Steering Committe of the Sears Elementary School has requested that
adequate li§hting be installed to illuminate the walkway at Forest Drive and the
entrance to the school, letter attached and incorporaSed herein by reference, and
WHEREAS, the request is for lighting of school property, namely the entrance path
and adjacent parking lot in~ediately in front of the school entrance, an area
not now properly illuminated, ~n~ .
WHEREAS,~iight~ing by use of dual lights could, from a single pole on school
property, adequately illuminate both the entrance way from Forest Drive to the
school building property as well as the crosswalk on Forest Drive,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT
the Kenai Peninsula Borough Board of Education and/or the Kenai Peninsula Borough
Public Works Department take immediate action to install appropriate lighting to
properly safeguard the life and limb of these children, ages five to nine, who
attend Sears Elementary School.
PASSED THIS BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THIS 20th day of December
1978.
ATTEST:
VINCENT'O'REILLY,"IMAYOR
Sue C Peter, City Clerk
CITY OF KENAI
RESOLUTION NO 78-210
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI CONCURRING WITH THE RECOMMENDATION
OF THE CITY OF KENAI ADVISORY PLANNING AND ZONING COIV~IISSION CONCERNING REZONING
A TRACT IN WOODLAND SUBDIVISION, PART IV.
WHEREAS, the City Council has adopted Resolution 78-142 recommending deferral of
rezontng within the City of Kenai until adoption of a pending Comprehensive Plan, and
WHEREAS, the intent of such Resolution was to insure giving proper planning
to significant rezoning requests, and
WHEREAS, the owners of this tract have created covenants for the.subdivision to protect
adjacent properties, and
WHEREAS, water and sewer utilities are available and thus such rezoning provides
for effective, responsible and protected growth
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, that the City
Council concurs in the recommendation of the Kenai Advisory Planning and Zoning
Commission for the rezoning of Woodland Subdivision, Part IV from Rural Residential
to Suburban Residential.
PASSED BY THE COUNCIL OF THE CITY OF KENAI THIS 20th day of December lg78
ATTEST
V'I~CENT OIREILLY, MAYOR
Peter, City Clerk
CITY OF KENAI
~$OLUTiUN NO. 78-211
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
AUTHORIZING THE CITY 5~NAGER TO SIGN .ALL FUTURE ASSIGNMENTS
OF AIRPORT LEASES FOR COLLATERAL PURPOSES AND EXISTING AIR-
PORT LEASES CONVERTED TO THE NEW LEASING FORMS.
WHEREAS, the Council has enacted Ordinance ~400-78 which
modernized the leasing policy of airport lands, and
WHEREAS, said ordinance permits lessees to assign for
collatoral purposes without the prior consent of the Council,
and
WHEREAS, said ordinance also provides for a new lease form
containing covenants more advantageous to lessees, and
WHEREAS, it was the intent of Council in enacting #400-78 to
offer the benefits of the new leasing policy to all existing
lessees as long as those lessees would convert their existing
lease with the new lease form, and
WHEREAS, there is no reason why the Council should have to
review simple assignments for collateral purposes and simple
conversions from old to new lease forms.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA as follows:
Section 1:
The City Manager is hereby authorized to sign all
future assignments for collateral purposes of airport
leases without prior Council approval.
Section 2:
The City Manager is hereby authorized to sign airport
land leases which are simply conversions from old
A~xisting leases to the new lease forms.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th
day of December, 1978.
ATTEST:
VINCENT O'REILLY, MAYOR
Sue C. Peter, City Clerk
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA
THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1978-79
GENERAL FUND BUDGET.
From:
Contingency ($305)
To:
Street Lighting - Repair &
Maintenance
$305
This transfer is necessary to pay the Homer Electric invoice
of October 10, 1978 for the repair of a light pole damaged
by vandals.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th
day of December, 1978.
ATTEST:
VINCENT O'REILLY, MAYOR
Sue C. Peter, City Clerk
Approved by Finance:~
CITY OF KENAI
R~SO~UTION NO. 78-213
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA
THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE FOLLOWING
LPW PROJECT FUNDS.
From:
Street Improvements - #07-51-26998
Contingency
Airport Drive Paving - %07-51-26997
Construction
($2,012)
($ 136)
TO:
Street Improvements - %07-51-26998
Basic Engineering
$2,012
Airport Drive Paving - %07-51-26997
Basic Engineering
$ 136
These transfers are needed to pay for the Wince-Corthell
bills to be considered at the December 20, 1978 regular
Council meeting.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th
day of December, 1978.
VINCENT O'R~ILLY, MAYOR
ATTEST~
Sue C. Peter, City Clerk
Approved by Finance:
CITY OF KENAI
RESOLUTION NO. 78r214
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA
THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1978-79
GENERAL FUND BUDGET.
From:
Police-Salaries ($1,003)
To:
Police-Transportation $1,003
This transfer is necessary to help fund the City's share of
sending Officer Cordle to the Drug Enforcement Administration
School in Washington, D.C.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th
day of December, 1978.
VINCENT O' REd'fY', MAYOR
ATTEST:
Sue C. Peter, City Clerk.
Approved by Finance:.~._~p_
~TU~ TO~
Dept. of ~eve~e -Audio
~ames of Chance & Skill
Pouch SA
Juneau, Alaska 99811
P_~P, HI____T__F E ES:
$20.00 due with application
~ of entire net proceeds due ~ith annual
financial statement
FIRST APPLICATION
~__P~Rm~R~C~IWD P~VIOUSLY ~2~~- / ~ y
APPLICATION HUST BE COHPLBTED IN ACCORDANCE ~ITH 15 AAC 05.460
Type of organization (Check one)
(1). Civic or Service
-- (6)., Veterans
(2). , Religious (7)_ Police or Fire Company
(3)_ ~haritable (8). _Dog ~ushers
(4)_~___Fraternal (9),,, Fishing Derby
($) Educational (10). ,Political
(11). Labor
B. State how lon8 organization has been in e,istenc,.~j~ /~ /.~?$
C. Reco~nized a~anon-profit organization under the Federal Income Tax Laws.
_ Yes No
Include a copy of IRS Certificate ii not previously submitted.
D. Affiliationwith National Organization:
, ' ~9/-//o .
E. Organized as a /~Corporation; Associa~ion; Partnership; Firm;
~ompany. ~ ' ,
Include a copy of original Charter. By-Laws and a current list o£ 25 local
members, if not previously submitted.
04-643
***ALL ANS~RS HUST BE PRINTED IN INK OR TYPEWRITTEN***
(8/78)
(over)
· ~YP~ OF GAMES TO BE CONDUCTED:
(1) ~ Bingo (3) Ice Classics (6) Fish Derbies
(2) ~)< Raffles & Lotteries (4) Rain Classics (7) Contests of Skill
(5) Dog Mushers Contest
List types of games by common name if other than those listed above.
See Sec. 05.15.180; 15 AAC 05.410 and 15 AAC 05.450.
OFFICERS:
Name Title
Home Phone
P~RSONS IN CHARGE OF GAMES (Must be a member of permittee organization):
Title
Home Phone
DATES AND HOURS OF CAMES:
Bingo games must not be held more than 9 times a month with 35 games per session.
Date Hour__ Date
.... ,
D~DICATION OF NET PROCEEDS:
A. Est!_mated gross receipts (yearly) $ ~/~'
Hour
Be
State the specific purposes for which the entire net proceeds are to be devoted
and in what manner..~//z,~,4.~.~/~Z,~ ~,~ZoL.q~,~v_., . . ~/ ~ '~
CF~TIFICATION:
We certify that all the officers and all the persons in charge of games are of
good moral character and have never been convicted of a felony. We certify, under
the penalties of perjury, that all of the statements contained herein are true
and correct to the best of our knowledge and belief.
CITY COUNCIL APPROVAL
APPLICATION FOR STATE CONSTRUCTION GRANT ASSISTANCE
APPLICATION FO~/4
Name of Applicant:
Applicant Mailing Address:
Application Prepared by:
Titlel
CITY OF KENAI
BOX 580, )(ENAI, ALASKA 99611
JOHN E WISE
CITY MANAGER
Type of Application: X Initi'al Revised
Type of Project Water · .. ~ Sewerage Both
Project Descriptive Title.- SEWER LINE. AIRPORT WAY FROM THE KENAI
SPUR TO WILLOW AND NORTH ON WILLOW TO THE ATC TOWER
-~stimated Project Period: JUNE 1979 Start AUGUST 1979 Finish
"Amount of State Grant F~ds Requested from ADEC: $ 143,500
Source of Applicants Funding for Projeot: CEIP $13,000 (ENGINEERING),
, ~50,qlO,OI (AIRPORT FUND BALANCE), $93,500 (WATER AND SEWER FUNDS)
The applicant certifies mt to the best of his/her knowledge and
belief that the data contained in this application are tr~e and correct
a~d that all titles ~d eas~ents necessary to provide clear title or
authority to construct and ~intain the proposed project shall be
obtained. Faille to comply with this certification will be cause
for the Department to withhold grant award or withdraw a grant offer
that may have been extended.
.~.~ JOHN E WISE CITY MANAGER 12/15/78
Typed ~ame Title Date
Signature .........
APPLICATION' FOR STATE CONSTRUCTION GRANT ASSISTANCE
ESTI}~TED COST SU~D~RY
- COST CLASSIFICATION
ELIGIBLE PROJECT COSTS
1. Administrative Expenses*
2. Legal Expenses*
Engineering Design Fees
4. Project Inspection and Surveying
5. Construction (Attachment F Required)
6. Equipment (Itemize in Attachment G)
7. Other costs (Itemize in Attachment H)
8..Project Contingencies ,
9. Subtotal ?,ines 1-8
10. Amount of Line 9 provided by Federal Grants
11. Amount of Line 9 provided by Applicant
12. Amount of Line 9 provided by Other State Agencies
13. A~o~nt of Line 9 Requested from ADEC
INELIGIBLE PROJECT COSTS
14. Land and Easement Acquisition Costs
15. Purchase of Private Utilities
16. Finance Charges .
17. Comprehensive Plans and Feasibility Studies
18. Grant Preparation Costs.
19. Subtotal Lines 14-18
20. Total.Projeot Costs - Ada Lines 9 & 19
ESTIMATED COST
$ 1,000
-0'
13,000
18,000
245,000
°0-
-0-
23,000
300,000
I3,000
143,500 ·
-0-
143,500
-0-
-0-
$300,000
El£gibility of these expenses is limited to costs incurred by
the'applicant as a direct result of the project. Salaries of
existing staff working normally scheduled hours are not grant
eligible.
~D TO: John E. Wise, City Manager
FROM: Charles A. Brown, Finance Director
December 13, 1978
Cc~cerning your desire to use Water & Sewer Capital Project Bond Funds,
as well as Airport Land System Fund Balance, to fund the City's share of
Airport Way water and sewer lines, and to have those bond funds eventually
repaid by the Land System, I have found the following:
(D
(2)
Since no assets (i.e., cash or completed project) will be
tr~msfe~-~-~l to the Land System, it is not appropriate to
establish a liability in the Land System,
If it is the Council's desire for the'total local share of
this project to evenD_~_]ly be pai~ by the Land System, then
the ord~ establish~r~ the ~pttal project ft~
state that the amount of thezbond funds used will be paid
by the Land System from future revenues of the Land System.
The ~-..~1 b~d~et of the Land System sho~ inclt~le an app-
roprtatio~ each year to pay a desired portion of
to the debt service fund(s) for the retire~nt of water and
s~er bonds. In my opinion, this tnfomation should be
footnoted in the financial statem-n~ ts. In the wordin~ of the
ordinance, avoid use of the word "loan" or "debt" in referrin~
to the status of the Land System's obli§ation.
Charles A. Brown
~ Director
: ~. r:,.n,t Or~,$t~tlon Nsme: C._I_T¥ OF KFLIA_I_ I S.s,nct~ Address,_ , BOX 580
4. Mading
;. i~oj~t l~stio.:.. FORT
$. ~h,ling Addre~: ~O~ 3La 0
Title IX. Senior Community
Jan 78 . June 79
' I; Sudgct Peri~ Se~nn~: .__End,g:
11. Propo~d Budget Year FY~
I~. Type of Application:New OO,Eenewal ( }.Supplement~ (
14. Type of Organization: Priv:~te/Non. profit( ),Govt.
Contact Ing~du;d$:
I $. Date of Incorporation (Non-profit only),__
16. Aud~oriz. ing Petsom.~J..QHIi.:WI s E.
17. Fm~ Managcmcnt:~A~S ~01,~[__ ,.
~ingAddr~: ....... BOX 5in~ F~AS, ALASKA
tS e~ojett Operations: PAT PORTER
19. ~um ~qu~:~ 2 ~ 821
Phone: 283-;4156
Lbt ~1 od,er State Health & Socia~ Services or F~dertl Health. Eduction, smd Wclfare grants re~eivcd or applied for by ~ppli-
during proposed budget year:
TyI~, TITLE III St~te. IFeder~h STATE __ Amount,_ :$~8,090 ,
22. Authorized S%n~ture
D&tc
.For State Usc O~),
AwanlM __.Not Aw&.:l~d
AppmvM, , Not Approved
Amount Aw~de4
~ RequSr~4 Z'.atch ...... $~0 ~
STATE O1: AI,ASEA
Department of llealth & Social Services
Off ice on A~ing
Pouch Ii O1C
Juneau, Alaska 99811
Briefly describe your agency/project. Include a description of exist-
ing staff and explain additional employment needs for operation o£ your
project.
Kenai Senior Services is an a~ency or~an!zed for the nurnose
of providing services for the needs ar:d problens of Senl~r
Citizens, to alleviate their nhyslcal and psychological
isolation, to promote their social ~'~ell-be!nr and involve-
meat, and to help them solve their Individuai problems.
· Presently the project has employed a part-time (30 hours
a week) Project Director. The Mayor's Council on A~ing
has seen the need to reouest an Outreach enoloyee to assist
in the oontinueous growth of the program.
Describe how your organization will main:sin fiscal accountability.
Identify fiscal officer/accountant who will be responsible for fi-
nancial =.porting.
Fiscal accountability will be maintained bE/the City of
Kenai.
Finance Director, Charles Brown, will be responsible for
~he financial reporting. '
Describe positions requested, i.e., titles, Job descriptions, na~e and
title of supervisor. (Show positions with rate of pay and hours to be
~orked on Personal Services Sud&et.)
O~treach Worke:-, shall be responsible to the Project Director.
MuSt have ability to reia~e to Seniors, to work without
direct supervision, Sha~! be able to make informed decisions
and follow through, assess needs and discover unmet needs;
contact Seniors to comnlete necessary Information forms,
conduct home and hospital visits, maintain confidentalltv;
assist with. applications for longevity bonus, etc. Shall, when
needed, escort Seniors to medical appointments, nrovide
shopping assistance, and information and referral services.
Shall encourage Seniors to particinate in the various
nutrition and recreation programs. Page 2
~upervisor: Pat Porter
&. Describe I,-Ktnd .tlatch, If available. State the dollar value on the budget.
(Currently, the State of Ala:;ka has provided the requisite i0% match, iiowever,
there Is the possibility that addittonai }latch may be needed to obtain a~ditlonal
Federal funding later on. Hatch must be non-Federally funded and not used for any
o~her progrm~ I-l;~tch. It taay be supervlston, space or equipment used by enrollee,
trn~nlng donated to enrollee, etc.)
Accounting services: $200.00
~. Narrative description of supportive services to be shown as Other Enrollee Costs
tn flle Budget. (This will include the physical examination; training; counselling;
necessary incidentals such as special work shoes, uniforms, safety and eye glasses,
small tools; and transportation.)
6. Describe objectives to'be accomplished by enrollees. Explain what they will do,
the quantity (how many or how much or service how many people) and when they will
complete these objectives. .
To contact directly 30 unduplicated older persons through
,elephone and home visit, to introduce them to program services
to assess their needs and arrange necessary assistance during the
period of January.l, 1979 through June 30, 1979
S~art date: JAN 2, 1979
CITY OF KENAI
Ending date: JUNE 30~ 1979
Name of Subproject Sponsor (Employing Agency)
~uthorized Signature
JOHN WIS.E, ~.!TY r, IAI:A~,ER
· yped Name and Title
(Attach additional pages if necessary)
Page 3
i
1
LEASE OF
AIRPORT LANDS OR FACILITIES
T~IS AGREEMENT, entered into this 1st day of July ,
lg78, by and between the CITY OF KENAI, ah-~¥~-rule municipal corporatiOn"of
Alaska, hereinafter called "City" and Hertz Corporation ,
~ he--~e(nafter called "Lesse~"J -
That the City, in consideration of the paymm~ts of rents and the
performance of all the covenants herein contained by Lessee, does hereby
demise and lease to the Lessee the following described property in the
I(enat Recording Oistrict, State of Alaska, to wit:
Counter Space No. 15 (60 square feet), first floor, Kenat
Municipal Airport Terminal Building, as described in that
certain deed from the U.S.A. to the City of Kenat filed in
Book 27, Page 303, Kenat Recording District.
Term: The term of this Lease is for one year, con~nencfng on the 1st
day of ~)~, lg78, to the 30th day of June, lgTg, at the monthly rental of
$ $4.00 , or $ 6~&.O0 .... annually.
~: Subject to the terms of General Covenant No. 10 of this
Lease, the rental specified herein shall be payable as follows:
(al Right of entry and occupancy is authorized as of the 1st day of
July, 1978.
(bi Rent for the fiscal year beginning July 1, 1978 and ending
June 30, 1979 shall be payable in advance, on or before the first day of
each month.
(c) Rental for any period which is less than one (1) month shall be
prorated, based on the rate of the last full month.
~d) The rent specified herein is calculated as follows:
KW) square feet at S .90 per square foot per month, or
$S4.00 per month.
In addition to the rents specified above, subJJct to General Covenant
No. 10, the Lessee agrees to pay to the City fees as hereinafter provided:
ia) Applicable taxes to leasehold interest or other aspects.
(bi Sales tax now enforced or levied in the future.
(c) Interest at the rate uF et;hi percent (8%) per annu~ and ten
percent (I0~) penalties on any amount of money owed under this Lease which
is not paid on or before the date it becomes due.
id) Additional charges as set forth in Schedule "A", attached.
II
alas
perle
demt!
Kefla t
day o'
Lea se,
duly,
dune 3
each in
SS
No. I0,
percent
ts not i
Tile purpt)~e t'.r which this l,~'~tss, is Is~ut'd iR:
Counter space and car rental space
(;i'.'Yl':lt AL CCIVF'YA~T.~
!. [Lc. es: Exc~.pt ;ts provid,d herPtn. :]ny re~ulnr u.~,· of
or faculties without tile w~itt~n consent of the City Is prohibited. This
prohibition ~hMl not appl~ to t;~e nt' nr~t~q ~est~nat~ by th~ ~'~tv t~r
public uses, such as passenger t~rminaIs, nutom.~bilo ~nrkt~ areas and streets.
2. Uses ~nt Contemnlated P~nhtbitd~t: enUoitntic,n nf
Or the promotion or operation of any p~rt nr kind of husiness m' commercial
enterprise, other than as speetficall}' set forth ho~'e{l!, uoon. tn or above
ai~rt lands, wit~ut the wri~en consent of the ~tty ts oeohibtted.
3. lmpoundine of P~noert~': Any o:- all nersonal ne teal
phoed or used u~n l~nds o~ in facilities in x, iolatton of prohibitions may
removed and/or impounded by the CRy. and when ~ remnv~ and/or
impounded, such property may be redeem~ by the owner ther~f only upon
the pa~ent to the City of the costs of remov~ plus storage char~es of St.00
per day, or $5.00 per day in the case of each building or each aircraft in
~cess of 6,000 pounds gross weight, or in the case of any othe~ kind of
prope~W, ~ amount not to exceed SS.00 per dsy, o~ in accordance with such
higher fees as may be ineor~rated in~ ~e~lations of City's Att'port.
4. Commitment for Rent and ~on-Asstenment: Las~ee a~ees
to pay ~e annual renal ~d f~s sp~ifled and not to ssst~ this Lease or
~y pa~, nor let, no~ sublet, either by grant or tm~ltcation, th~ whole Dy
any pa~ of the p~emises without w~itten consent nf the Ct~', which c.)n~nt
sh~ be obt~ed pursuant to the followln~ pr~edute:
(a) Submitt~ to, and approv~ of, Oroposed leas~ ~ansfer by
~e Ke~t Ph~ln~ Commission.
~) Afte~ approv~ by the Venal Vl~nin~ c~mmisston, fln~
app~v~ of ~sfer by the CiW
Any assl~ent ~ violation of this orovision shall ~ void,
~ be ~ds bt cancelation of ~is Lease by the Ci~.
~. Te~ent of Demise: The Less~ a~ees to kee~ the
,! pr~ses ele~ ~d ~ 8~ o~der at its o~ expose, ~f~tn~ no ~rip
"wa~e ~er~f, nor r~o~g any material ~erefrom, without written
[. ~tsslon of ~e CiW. At ~e ~p}mt~n of the term fixed, or any ~on~
determ~aflon of the Lease, the Les~e wffi p~eeably ~d quietly quit ~d
. i 6. Pa~ent of R~t: Ch~ks, bank drafts o= po~ money o~ders
,. s~l ~ made payable to ~e City of K~, ~d deliver~ to ~e CiW
ii ~~flon Bufld~, K~t, Alas~.
?. ~n~etfon Approval and Standards: Bu~din~ ~n~cfion
8~ be n~t and pregnable ~d compatible with its use and surroun~s.
P~r ~ p~e~K of fib mtKi~ and/or ~nst~etf~ of buildings on a l~sed
ar~, the ~ssee 8~I ~bmit a plan of pro~aed d~velopment of proper~
· e Cf~ Pla~fng Commission which s~l ~ app~v~ ~ w~l~nK for ~
~anent improvements.
~8:
Two, LF. ASr.: Revision 4/29/?G
II
I II I
.~ENDMENT TO LEASE
States of ~nerica, represented by the Federal Aviation Administration, Alaskan
Region, Contract No. DOT-FA§IAL-S272, including Supplemental Agreement Nos. 1
through 7, dated October 15, 1966, is hereby amended to reflect that, in
accordance with Condition 9, as amended, of said lease, the lease rate ~as been
renegotiated for the following areas as outlined below:
let Floor
Equipment Room No. 8:
Office Space No. 9:
2nd Floor
Flight Service Station:
Flight Service Station
Stairway:
560 sq. ft. at $.66 sq. ft./mo.
560 sq. ft. at $7.92 sq. ft./yr.
260 sq. ft. at $.78 sq. ft./mo.
260 sq. ft. at $9.36 sq. ft./yr.
- $ 369.60/mo. or
· $ 4,435.20/yr.
= $ 202.80/mo. or
· $ 2,433.60/yr.
1,245 sq. ft. at 8.78 sq. ft./mo. - $ 971.10/mo. or
1,245 sq. ft. at $9.36 sq. ft./yr. = $11,653.20/yr.
120 sq. ft. at $.78 sq. ft./mo. - $ 93.60/mo. or
120 sq. ft. at $9.36 sq. ft./yr. - $ 1,123.20/yr.
The term of thla amendment is for the period beginning December 15, 1978 and
ending December 15, 1979. All of the above lease rates include janitorial
service. AIl other terms, conditions and covenants of the lease contract and
supplemental agreements as described above, including the provision of
Condition 9, remain in full force and effect.
CITY OF RENAl
STATE OF ALASEA )
THIRD JUDICIAL DISTRICT )
On this day of , 1978, before me personally appeared
, known to be the person who executed the above
Amendment, and acknowledged that he had the authority to sign for the purpose
atated therein.
NOTARY PUBLIC FOR ALASKA
Ny ~omission Expires
UNITED STATES OF AMERICA, REPRESENT'ED BY
THE FEDERAL AVIATION ADItlNI~IRATION
0n thie /~ day of ~.-_~/t~. , 1978, before mo ptrsonalty '
appeared ~.~.~ , / , kno~ to be the person vho executed the l
above ~nt and acknowledged that he had the authority to sign the same,
for the pursposes stated therein.
~0TARY PUBLIC FOR ALASKA
Commission Expires
Ted Ford and Associates
107 West Sixth Avenue, Suite 205
Anchom~, A~a 99501 · (907) 274.9517
City of Kenai
P.O. Box 580
Kenai, AK 99611
Summary of Work Completed
Ted Forsi, Principal
Bruce Robson, Civil Engineer
Lynn Whitmore, Draftsman
Linda Ewers, Draftsman
Rick Thompson, ~ngineering Technician
2 ~an Survey Crew
3 Man Survey Crew
Travel - AAI
Equipment Rental
Xerox
Telephone
Date DecEmber 7r 1978
Proj~ No. 7860
~%oj~ N~me Spur Hwy. Water & Sewer
Billing for Period November
2.5 hours @ $50.00/
8.5 hours @ 40.00
16.0 hours @ 25.00
S.0 hours @ 25.00
32.0 hours @ 30.00
15.0 hours @ 60.00
4.5 hours @ 95.00
To~I Ou~ ~3,375.35 9W'
125.00
340.00
400.00
125.00
960.00
900.00
427.50
9.63
63.80
5.94
15.07
3.41
PAYABLE UPON RECEIPT: DEUNQUENT AFTER 30 DAYS.
DELINQUENT BILLS SUILI£CT TO I~PER MONTH CHARGE.
Ted Forsi and Associates
107 West Sixth Avenue, Suite 205
Anchorage, Alaska 99501 · (907} 274-9517
r'
I.
City of Kenai
P.O. Box 580
Kenai, AK 99611
J
Dam Dqcgmber 7t 1978
Proje~ No. 7861
~oj~Name Main Street Water & Sewer
Billing ~rPeriod November
Summary of Work Completed
Ted Forsi, Principal
Bruce Robson, Civil Engineer
Lin4aEwers, Draftsman
Ri~k Thompson, Engineering Technician
2Man Survey Crew
Travel/Lodging
Equipment Rental
Telephone
Xerox
1.0 hours @ $50.00/ $ 50.00
22.5 hours @ 40.00/ 900.00
5.0 hours @ 25.00/ 125.00
9.0 hours @ 30.00/ 270.00
19.5 hours @ 60.00v 1,170.00
104.23
63.80
5.94
2.97
1.87
To~al Due $2t693.81
PAYABLE UPON RECEIPT: DELINQUENT AFTER 30 DAYS.
Ted Forsi and Associates
10/ West 5~xth Avenue, Suite 20r~
Anchorage, Alaska 99501 · (907) 274-9517
City of Kenai
P.O. Box 580
Kenai, AK 99611
Summary of Work Completed
Date December 7~ 1978
Project No. 7862
Project Name .Lewtop St. Water & Sewer
Billing for Period November
Ted Forsi, Principal
Bruce Robson, Civil Engineer
Lynn ~hitmore, Draftsman
Linda Ewers, Draftsman
Ri~ Thompson, F~lgineering Technician
2 ~a~ Survey Crew
3 Man Survey Crew
Travel - AAI
~u~p~ent Rental
Mylar
Xerox
Pa~k:Lng
Telephone
1.0 hours @ $50.00; $
6.5 hours @
8.0 hours @
5.0 hours @
20.5 hours @
21.5 hours @
3.0 hours @
S0. O0 ~
40. O0 J 260. O0
25.00 ~ 200. O0
25.00 J 125. O0
30.00 -' 615.00
60.00 .~ 1,290.00
95.00 J 285.00
28.88
63.80
5.9.4
5.61
1.65
6.27
Total Due $2,937.15 ~
PAYABLE UPON RECEIPT: DELINQUENT AFTER 30 DAYS.
DELINQUENT BILLS SUBJECT TO I~PER M~NTH CHARGE.
Ted Forsi and Associates
107 West Sixth Avenue, 3ulte 205
Anchorage, Alaska 99501 · (907) 274-9517
City of Kenai
P.O. Box 580
Kenai, AK 99611
~umrnary of Work Completed
Ted Forsi, Principal
Bruce Robson, Civil Engineer
Lynn Whitmore, Draftsman
Lin4a Ewers, Draftsman
Ri~kThompson, Engineering Technician
2 Man Su=vey Crew
3Man Survey crew
Travel -AAI
F~uipment Rental
Mylar
Telephone
Project No. 7863
(Inlet View to
Project Name Water Lqop Central Hqt.s.. )
November
Billing for Period
1.0 hours @ $50.00
11.5 hours @ 40.00
6.0 hours @ 25.00
5.0 hours @ 25.00
11.0 hours @ 30.00
7.0 hours @ 60.00
2.0 hours @ 95.00
$ 50.00
460.00
150. OO
125.OO
330.00
420.00
190. OO
17.72
63.80
5.94
1.65
Teml Due_$1'814'11 ~ --
CONSULTING ENGINEERS
December ,, J..
Job ] E. Wise
City ~i~.na~ ;er
Box 580
Kenai, Alaska
Subject:
Bill~nf~ for Eng~neer~n'Servlees
Well lO1 Modlficatlons, Airport Way
Water and Street Desi~D
Dear Mr. WI se:
,0
~lae~se co~s[der this invoice in the amount of $~,610.20 as compensation for
sic enjlneerinc sem;fces performed, or ~nvoices received, on the subject
projects through the period ending December p, 1978, ~n compl;.ance wlth our
Engineering services contract:
WITLLHOUSE IO1 ~DDiFIC^TIONS (78-19-1)
Engineer I 105.0 hfs @ $34. O0
Drafting 51.5 hrs ~ $13. O0
Survey 3.0 hrs ~ -2 man- $55.00
Previous Billin;s
Total billtn.j;s to date
~O% of Work to date
Prev~ ous Payments
Ammmt D~e
Previous Work
Total Bill~ngs to date
~% of Work to date
Prev~:s Payments
~mount ~:e
$13. oo /
Pase 1
Subtotal
Subtotal
$3,570. OO /
$66~. 50 /
' ~4,~0~. ~0~
~4,~0~. 50/
.00
$1,938.00/
$318.50 /
$2,25~,5o4.
$5,711. O0 ~
SY,96.L 50 /
$'~,170.75 ~
$5,i39..o~
_ .$~,o~o.~
BOX 1041 KENAI,AI. AISKA BBIS11 PHONE; (BOT]28:~-4EST;~
Jokn E.
$3h. O0 ~'
~13.00 V
Previous ',,lork
Total Bfl].Jnjs to date (not to exceed)
;,0~ of work to date
Prey [ous P~yments
Total amount due, this ~nvo~ce ..~,610.~9.
I certify that the sbove charges are correct and that oayme-,t therefore
has not b.~en received. '
Very truly yours,
WiNCF- CORTNELL-BRYSON
'Philip W. Bryson, P.E.',i '
Wlt'~ICE
CC:~?M,_--- LL
E~Y~N
CDNSULTING ENGINEERS
~.'.: .... ~m" ,. . , .'~,
John E. ~ise
City Of Eenal
Box 580
Eenai, ~laska
Subject:
! ~,~I~.%.,,,~.~-~_;~,~ ~.. ..... ~ ~,~
.. '~'3LI£ 'v'l/..:.,-:~; f,,~",,,~,~" r, ~'l ..... ' ......... ~
I~Z'I'Y CL£Rt{ .,,--'~' .............. ' ..........................
~'o .... /~i~ ..............
for Engineerin~ Construction ~)%~ % 'l~15
Semites - Period September 27, 1;78 ¢-,~ .,,
Dear M~. Wise:
Please consider this inzoice in the amount of $1,22l~.00 as comoensat~on for
Engineering performed on the subject projects for Construction'Suoport
Services, and in compliance with our Engineering Services Contract.
A-1
A-2
D-1
Lil,c Street (const.)
Engineer I-4 hrs. @ $34. O0 J
Walker Lane (eonst.)
Engineer 1.6 hrs. @ $34.00'
Redoubt Way (const.)
Engineer 1-5 hrs. ~ $34.00~
Lupine/Fern (const.)
Engineer I-6hrs. @ $34.00~
~th St (const.)
Engineer I-6 hrs. @ $34.00 '
lfaknu Way
Engineer 1'5 hrs. ~ $34.00/
~trportl~ay Loop
Engineer I-4 hrs. @ $~4.00 ~
$i36. oo
".1 amount due this period ?' $1,22~.O0 -"
BOX 1041 KENAI
.ALASKA 99~11
PHONE;
CCINSULTING
John E. Wise
City Manager
City of Kenai
Box 580
Kena~, .~laska
Subject: Billing for Engineering S~rv!ces
CEIP Design
ENGINEERS
December '7, ]' 78
Ou~- Job .~o ,. ~
Dear Mr. Wise:
Please cons/der this invoice in the amount of $17~8~8.46 as compensation
for basic engineering services performed,or invoices received, on the subject
projects through the per~od ending December 9, 1978, in compliance with our
Engineering services contract:
AIRPORT WAY/WILLOW ST SEWER (78-~-1-)
Drafting 25. 5 hrs ~ $16.00 J ~08'O0
Survey ~. 5 hfs ~ -3 man- $80.00 J $280.00
2. 5 hrs ~ -2 man- $55.00 ~ $137.50
6.0 hrs ~ (EDN) $9.00 J $54.O0
Total $6,6~. 50~
BEAVER LOOP (WEST) WATER A~m S~.,'ER (78-45-2)
Engineer I 89. 5 hfs ~ $40. OO ~ $3,580. OO J
Drafting 2~. O hrs ~ $16. OO / $38~. OO /
Survey 9.0 hrs · -3 man- $80.00 ~ $720.00 J
10. O hrs ~ -2 man- $55.00 / $550.00 ~
5. O hr$ ~ -1 man- $~2. ~0 / $160. O0 ~
1~.O hfs ~ (EDM) $9.00 ~ $126.00/
msc. Mar'is (cost p~us lO~) -~07.~'6 ~
~ot~
(Y~-~-3)
Engineer I 93. 5 hrs ~ $~0.00
Drafting 17.5 hrs ~ $16. O0
Survey 10. O hrs @ -3 man- $oO. 00
?.O hrs @ -2 ~n- $55.00
12. O hfs . ~ (EDM) $'). O0
Misc. ~t'ts
Pa;e 1
BOX 1041 KENAI,AI. AISKA EIB611
$3,'(~0.00 /
$28o. oo /
$o00. O0 '
~3o5.oo,
$~o8.0o /
:'3] 8 L'.,8 Y
500./8
John E. Wt,~e P~'e 2 Doe..'~ ]',[8
Tot'~l ~mo'.,.it. ¢~ue. ~hls i'~.voiee.
I ~ertify that the above char ~es are correct and that p.~ymen% tkere?ore
has sot been rec~.ived.
Very truly yours,
WI.~CE-COB~LL-BRYSON % FREAS
~,..~-~ ~-.~ ,~.;,,.,,..-
CITY MANAGER'S REPORT
DECEMBER 20, 1978
1 ORDINANCE 453 CAPITAL PROJECT FUNDS are re-established for water and sewer
lines and additional funds for the lift station. It breaks the project down
between the Willow and McCullum project and the lift station project. Each
one has a separate DEC grant authorization.
2 ORDINANCE 454 CAPITAL PROJECT FUNDS FOR THE FACILITIES DESIGN 6f the
step two sewer treatment plant project.
3 RENEWAL OF TWO LIQUOR LICENSES - Casino and the Pizza Paradisos
4 RENEWAL OF EADIE'S LIQUOR LICENSE
The Clerk will add on taxes and comments of the Chief of Police for all liquor
licenses.
C PERSONS PRESENT AND SCHEDULED TO BE HEARD
1 Fuzzy Wells, Royce Roberts, Gary Clark and Lonny Kalar for a DONATION FOR
THE PURCHASE OF A JAWS OF LIFE.
2 COOPERS LYBRAND WILL DISCUSS THE LATEST AUDIT.
F OLD BUSINESS
I RESOLUTION 78-19g ACCEPTANCE OF COOPERS LYBRAND AUDIT. Hopefully the
Council will be able to accept the audit following the presentation by
Coopers Lybrand.
2 RESOLUTION 78-201 OPENING THE VOR MOOSE RANGE ROAD TO THE PUBLIC. The
Conmtttee work session will be held Monday at 7:00 p m, December 18 to review
the circumstances/need of this Resolution.
3 RAVEN TRANSIT LEASE for lots 7 and 8 in the old Concession area.
be returned by that time. However, it is not in your packet now.
4 COOPERS LYBRAND BILL
This should
5 DISCUSSION OF THE AMENDMENT TO THE TERMINAL ALI LEASE. This may be postponed
since we are meeting with ALI on Thursday, December 21 at 4:00 p m.
6 SKI STRIP discussion will be preceeded by a report from the Public Works
Comnittee of the Council concerning the meeting held Monday at 7:00 in the Public
Safety Building with the tower chief and the local operators.
G NEW BUSZNESS
1 & 2 BILLS to be paid/ratified/requisitions exceeding $500.
CITY MANAGER'S REPORT
December 20, 1978 - page 2
3 ORDINANCE 455 TIDELANDs. inis was presented in draft to the Council at the
last meeting. It is quite complete and covers all elements of the City's responsibility
toward making the Tidelands available to the general public. Again of significance
will be the possible rates for the set net permits.
4 ORDINANCE 456 FOR RECENTLY FORECLOSED LANDS BY THE BOROUGH which have now been
deeded to the City. These have been reviewed by the Advisory Commission on Planning
and Zoning and this Ordinance encompasses certain recommendations as to the
classification of these several lands. Recommendations include disposing of some
of these lands at public auctions, others to be retained for park land in the
third category to be reserved for a future fire station.
$ ORDINANCE 457 ASSESSMENT ORDINANCE actually levels assessments against
property abutting Redoubt Way street improvement. The Ordinance is complete and
stands by itself. You will note that the body of the Ordinance requires notification
of the benefitted parties of their upcoming assessments.
6 ORDINANCE 458 AMENDS PERSONNEL REGULATIONS FOR THE RECOMMENDED PARKS AND
RECREATION DIRECTOR requested by the Recreation Commission.
7 ORDINANCE 459 increases revenues and appropriations by $2,344 which is the
state grant of the Criminal Justice agency for sending a police officer to the
DRUG ENFORCEMENT ADMINISTRATION SCHOOL. This was recently approved by the Council.
8 RESOLUTION 205 TRANSFERS MONIES WITHIN THE WELL WATER LINE PROJECT. This will
balance the Federal versus State and local shares of the funds so that the project
can be finished and audited.
g RESOLUTION 206 TRANSFERS MONIES WITHIN THE ROAD DEPARTMENT for reimbursing
Glacier State for the phone cable we damaged while working in the Thompson Park
area on Primrose Street.
10 RESOLUTION 207 TRANSFERS MONIES FOR THE POLICE DEPARTMENT for the regular
police and Jail budgets. The regular budget change is for the increased work load.
The other portion of the resolution is for the transfer of monies to establish
a conmuntcations category to the budget to pay for a new dedicated phone line
for the jail facility.
11 RESOLUTION 208 TRANSFERS MONIES WITHIN THE JAIL BUDGET to purchase minor
equipment used for the jail. The monies are to be moved from miscellaneous and
will give us the ability to identify the proper use.
12 RESOLUTION 209 was prepared at the request of the Council requesting the
Kenai Borough Board of Education and/or Public Works Department to provide
LIGHTING FOR THE WALKWAY AND CROSSWALK IN FRONT OF SEARS ELEMENTARY SCHOOL.
13 RESOLUTION 210 concurs with the Advisory Planning and Zoning Commission's
recommendation to REZONE WOODLAND SUBDIVISION PART IV from Rural Residential
to Suburban Residential.
.... II ...... '' I III I il II I~1~ 'Ir I1[I I '["II lit-' I I I" 'nmmm I
CITY MANAGER'S REPORT
December 20, 1978 - page 3
14 RESOLUTION 21! w,]s prepared by tile City Attorney authorizes the CITY MANAGER
TO SIGN ALL FUTURF ".~SIGNNENTS OF AIRPORT LEASES AS WELL AS TItOSE EXISTING LEASES
THAT ARE MERELY U;'D;TED. This is in accordance with current Counnil pnlicy and
is done to try to avoid loading the agenda with data which has a foregone conclusion
of Council approval.
15 RESOLUTION 212 TRANSFERS MONIES WITHIN THE PUBLIC WORKS DEPARTMENT. We have
Homer Electric's bill for damage to a street light nearKenai Joe's. The light
was apparently shot out. Our research indicates that this damage is the responsiblity
of the agency or activity which requested the light orignally.
16 RESOLUTION 213 TRANSFERS MONIES IN OUR LPW PROJECT TO PROVIDE FOR WINCE CORTHELL
PAYMENT.
17 RESOLUTION 214 TRANSFERS MONIES WITHIN THE POLICE DEPARTMENT BUDGET TO COVER
THE UNFUNDED PORTION OF POLICE SCHOOLING AT THE DRUG ENFORCEMENT SCHOOL. This
is recommended by the Chief of Police.
18 FAA LEASE AMENDMENT FOR THE TERMINAL SPACE. This updates the old lease - no
rates were changed.
19 REQUEST FROM THE COUNCIL OF AGING to expand our Title IX program by an outreach
worker. The grant application was included in the package and was for $2,800 for
a part time outreach worker. This was what we did with antirecessionary funds last
year as well. The local match would be only $200. The Council on Aging has
discussed with the Borough Mayor for them to provide some augmentation of the City's
funds. They have a feeling they will be successful and the outreach worker may be
fully funded through the Borough support next year.
20 REQUEST FOR APPROVAL OF PERMIT FOR THE OPERATION OF GAMES OF CHANCE AND SKILL
BY THE ORDERS OF EAGLES. It appears to be in order.
21 PAYMENTS TO WI;ICE CORTHE~L AND TO TED FORSI AND ASSOCIATES for Engineering
work.
22 GRANT APPLICATION FOR STATE DEC PARTICIPATION IN THE SEWER LINE AIRPORT WAY
AND WILLOW STREET TO THE AIRCRAFT CONTROL TOWER. Authorization to apply for
the grant application in the amount of $143,500 from the State of Alaska
Department of Environmental Conservation for State participation in the
construction of a sewer line from the Kenai Spur along Airport Way to Willow
and thence north on W(iiow to the air traffic control tower. There is,
included in the basic data for the approval of the grant request, a memo from
the City Finance Director concerning local funding. This should answer the
questions raised at the last Council meeting.
OTHER ITEMS
1 We have been contacted by the State Division of Lands about a public hearing
that will be held at the Kenai Central High School on January 11, 1979. This
is relative to future land classifications in the area. This will include
classification of open entry and homesteading lands, auction programs, agriculture
designations and a variety of other activies. The intention with having it hear
is to try to insure the Kenai and North Kenai residents have a good opportunity to
participate.
CITY MANAGER'S REPORT
October 20, 1978 - page 4
2 We have a letter from the Borough mayor indicating that the Borough will support
the AD~,,,~,,AL SIJBJECT STUDY THAT WTLL USE THF CITY'S STFP ONF PROGRAM as a vehicle
for getting State and Federal participation. The details are being worked out among
the State, CX2M Hill and the Borough. We will be advised and will obtain sufficient
data to protect the City.
3 At the mayor's request I am contacting George Roberson, the Alaska District
Engineer by phone initially and perhaps later by letter asking for information
and support relative to the development of the Kenai River protection of the
channel and a review of the possibilities of a small boat harbor and, of course,
protection of the bluff area. I will point out that there may have been significant
changes in the Corps position to the development in the area and the ability
of the City through State funds to contribute to a material development program.
We will endeavor to ask him or his representatives to come and visit with the
Harbor Committee and/or the Planning Commission/City Council so that we can
review the data that has been developed in the past and relate it to the
changes in the economic facts of life. This should give us a means or method of
pursuing a viable development program that can be approved by the Corps of
Engineers.
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADUINISTRATION
December 18, 1978
Mr. Ernest Schlereth
genat City Attorney
P. O. Box 580
Kenai, Alaska 99611
ALASKAN REGION
· 32 SIXTH AVE~tJ~
Dear Mr. Schlereth:
Your letter of November 9 requests approval from FAA for public access
to the VORTAC access road.
We have no objections to the general publfc utilizing the Vortac-Moose
Range Road providfng the following conditions are met.
1. The City of Kenat agrees to enter into an agreement similar
to the 1964 contract No. FA-64-AL-1841.
2. The City of Kenat agrees to be responsible for road maintenance.
3. The FAA reserves the right to close the road it its use In
any way poses a hazard to any NAVAIDS.
Your draft Grant of Ingress and Egress describes the City of Kenai as
beins the owner of Section 21, T6N, RllW, S M. This is not the case.
Section 21, T6N, RllW, $ M is FAA' property and, therefore, the road
from the south boundary of Section 21 to the eastern boundary of the
VORTAC plot is on property.c~n~rolled by FAA.
Sincerely, '.~'a
!
a_,,
[At.JUiCE ~o SCtlU[TZ
Acting Chief
Planning and Programs Branch
Airports Div/ston
CITY ATTORNEY'S REPORT
12-20-78
Clarion, Cason, Thompson leases - In a telephone conversation
with C.R. Baldwin, Esq. on December 15, 1978, I advised him
of Council's determination to seek to proceed under the
arbitration provisions of the leases in question. Subject
to approval of his clients, C.R. Baldwin will obtain a
professional appraisal of properties. If the City and the
lessee cannot reach accord after comparing their appraisal
to the City's, then a professional appraiser preferably with
F~A status will be retained, (probably out of Anchorage)
whose fee will be split by the City and lessees to arbitrate
the lease rate.
P. O. BOX 580 RENAl, ALASKA 99611
December 14, 1978
MENO
TO:
FROM:
SUBJECT:
John ~ise, City Manager
Keith Kornelis, Director of Public Works
~hat's Happening Report for City Council Meeting
December 20, 1978
WINTERIZATION OF THE WARM STORAGE BUILDING
The interior concrete floor slab of the Warm Storage Building has
been poured. The contractor has also completed work on the floor
drain and also pre-alignment and adjustment of the overhead doors.
The major portion of the work that remains to be done on this
project is exterior which will have to wait,because of climatic
conditions in this area, until next year. I had requested and have
recently received a letter from EDA that stated their approval in
awarding the project to Brown Construction Company and also stated
that they approve of the extension on the time schedule for the
project.
DEEP~OOD PARK
I have been recently visited by two individuals claiming to be
part owners of Deepwood Park Subdivision. As far as I can tell,
the purpose of their visit was to receive firsthand knowledge and
an explanation as to what has transpired concerning their subdivision.
They both seem to be very understanding about the problems concerning
the curb and gutters and in fact were in complete agreement with the
City that they did not meet the specifications that were approved.
I explained the possibility of using an escrow or bond as suggested
by the Council to cover the replacement of the curb and gutters
located in Deepwood Park. I explained that we do not plan on
maintaining the snow removal in this subdivision this winter unless
some type of agreement could be made. They were again very
understanding and stated that this could be a possibility but not
at this time.
Memo to John Wise
Page 2
December 14, 1978
1977 STREET IMPROVE.XlI!NTS
At this time, there bas been no change concerning the comments that
were mentioned in my last memo dated December 1, 1978. Unfortunately,
Don Brown has been tied up with some type of emergency project
outside the City, and therefore, has not been available to discuss
these items. I am hopeful that these items can be discussed at the
upcoming Ad Hoc Committee for Public ~qorks on Monday, December 18, 1978.
14G CATERPILLAR GRADER
Our new 14G Cat Grader arrived in time to handle our recent snow
storm. There are a few minor warantee problems that N.C. Machinery
is presently working on. The machine has performed well during
our recent snow removal operations.
RECENT SNO~ STORM
The Public Works Department has received a letter from John Arsenault
of FAA stating that our snow removal crews did a good job in and
around the airport. Because of the extreme conditions that presented
itself during the recent snow storm, it became desirable to order
snow chains for our snow removal equipment. In the past, the
addition of calcium chloride to the tires of our snow removal equipment
has helped in providing sufficient traction for the operation.
The tread pattern on our recently purchased 14G Grader is not the
best for these types of conditions either. The problem is that
during certain times of the year and certain snow storms these chains
are very badly needed.
PUBLIC WORKS PROJECTS
The Public Works Department has prepared a chart listing sixteen
projects that we are presently actively involved in. A copy of this
chart and a map locating these projects has been distributed to
Council members at the last meeting. It is very similar to chart
that I use in organizing these projects which lists when we first go
out to bid, when the bid date is, when I have contacted the engineer
and the utility companies concerning any type of relocations of
utilities, when the Dept. of Labor is notified, the State Clearing
House and Historical Officer have been notified, when the Fish and
Game, DEC, EPA, and EDA have been notified. As one can see from
these sixteen different projects that are listed, this upcoming
construction season is going to prove to be very busy for the City
of Kenai.
AIRPORT EqUIPmeNT
The City of Kenai received the Michigan Loader on Tuesday, December 12,
1978. The Loader came with a bucket and is missing the American
coupler and blade besides a few other minor items. The dealer,
. I_
L_ __ IIU_ I1__. Ii1_11
Memo to John Wise
Page 3
December 15, 1978
Equipment Services, had stated that it ~'i]l take approximately
six hours of their labor in our Shop to add the American coupler
and blade when it arrives. Evans Engine has a 120-day delivery
date for their Champion Grader. This date is February 1, 1979.
Howard Cooper listed 130-150 days on their OSKOSIt truck which makes
it due February 12 to March 5.
MISCELLANEOUS ITE~IS
The Public Works Department has obtained the mylar for the large
master street plan of the City of Kenai that was done in 1969.
We are trying to standardize our plan copies to the standard
24" x ~6" sheets. We have purchased a reduced mylar of this
larger master street plan, and therefore, at this time have the
capability of producing this master street plan here at
City Hall.
Bill Nelson, City Engineer, has been working with the Harbor
Commission. He has contacted the Corps of Engineers concerning
their past Boat Harbor study.
The Public Works Department has started the rather lengthy job of
reorganizing and relabling the Public Works As Builts file in
reference with the ~ater and Sewer Location Maps. There is still
a considerable amount of work to be done with the mylars that are
presently in storage.
Bill Nelson has also been working with the Parks and Recreation
Committee. He has come up with cost estimates for Parks and
also has prepared maps and diagrams for the Commission. A memo
has also been prepared for the Recreation Commission concerning
a proposal ARCO has to bring the Jesse Owen Games to the City.
The Public Works Department has been working with USGS in providing
them with water well records from 1976 to the present time.
Under the new regulations from the State of Alaska Department of
Environmental Conservation, not only do our Wastewater Operators
have to be certified by also our Water Operators. I, therefore,
requested application forms and ah' instruction sheet for the
Alaska Water Operator Certification and Training Program. There
is a possibility that our two operators on our Water and Sewer
crew may be able to get an examination waiver since they have
been operators prior to September 24, 1978.
O
CITY CREWS
The Street Crews spent most of its time during the past week or
so plowing snow and sanding the City streets and the Airport.
The Water and Sewer Crews have spent a considerable amount of time
working on the fire hydrants around the City. They also worked on
the water tank in Well ttouse #2, worked on a broken water and sewer
Memo to John Wise
Page 4
December 15, 1978
line on Bumblebee , .worked with the street crew in plowing snow,
and did the normal checking of the ;qell Houses and Liftstations.
Due to a power failure in Well ttouse #2, we had to switch to Well
House #1 and start the generator at the Sewer Treatment Plant.
After another power failure, this time at T~'ell House #1, we switched
back over to the new Well House #2.
The Shop crew worked on two police cars, replaced a tach cable,
and disassembled the transmission on one of our fire engines,
rewired the glow plugs on our Cat 12 Grader, took a new pickup
back to Peninsula Ford for warantee work, adjusted the circle
and replaced the wing hinge bolt on the 12G Grader, helped with
the snow removal for the City and the Airport, and continued with
the regular maintenance program for all City owned equipment.
,0
KENAI PENINSULA BOROUGH
AGENDA FOR TIlE REGULAR ASSEMBLY MEETING
DECEMBER 19, 1978; 7:30 P.M.
BOROUGll ADMINISTRATION BUILDING
P. O. BOX 850
SOLDOTNA, ALAS~t 996§9
-AGENDA'-
Craw£ord 4
Davis 9
Dtmmick 9
Douglas 9
Elson 10.67
Fischer 9
Hille 10.67
Long 9
Martin 9
Moses 11
McCloud 7.5
Ambarian 10.66
Arness 9
Campbell 7.5
Cooper 10
Corr 9
A. CALL TO ORDER AND ROLL CALL
B. PLEDGE OF ALLEGIANCE AND/OR OPENING CEREMONY
C. SEATING OF NEW ASSBMBLYMEMBBRS
D. AGENDA APPROVAL
E. MINUTES: December 5, 1978 ,
F. ORDINANCE HEARINGS
(a) Ord. 78-61 "An Ordinance Rezoning the Land
~ncompassed by that Portion of Forest Acres
Subdivision Located East of Maple Street
and tVest of Spruce and Poplar Streets From
(RI) One Family Residential District to (RR)
Rural One Family Residential District'~Seward)
(b) Ord. 78-62 "Repealin8 Chapter 10.08 of the
Bbrough Code Pertaining to the Cook Inlet
Air Resources Management District"
(c) Ord. 78-63 "Providint Penalties for the
Filing of False Applications for Tax
Exemptions"
(d) Ord. 78-64 "An Ordinance Appropriating
$~$;000 to the Bear Creek Fire Service'
Area Capital Projects Fund"
(e) Ord. 78-65 "An Ordinance Appropriating
~tirecession Fiscal Assistance
Grant Funds to the School Maintenance
Fund for Salary and Bene£it Adjustments"
(f) Ord. 78-66 "Amending Section 5.12.160 of
the Borough Code o£ Ordinances to Classi£y
Mobile Homes and Trailers, and Permitting.
the Property Taxes Levied to be Collected
in the Manner Provided for the Collection
o£ Personal Property Taxes in the Borough"
(g) Ord. 78-71 "Rezoning Lot 1, Block 9, Valhalla
Heights (Part 1) Subdivision, City of Kenai,
from Rural Residential to General Commercial
Use"
INTRODUCTION OF ORDINANCES
(a) Ord. 78-72 "Trans£erring All Right, Title and
Interest in the Real Property Known as Old
Seward High School, to the State of Alaska
For Use in the State's Rducational System as
An Adjunct to the Alaska Skill Center at Seward"
(b) Ord. 78-75 "Altering the Provisions for the
Compensation of Borough Assembl~ Members"
AGENDA FOR DECE~fBER 19, 1978
H. PUBLIC PRESENTATIONS (with prior notice)
(a) Mr. Truman Knutsen
Page 2
Ca) School Board (no meeting)
(b) Cook Inlet Air Resources (Davis/Long)
(c) OEDP (Fischer/Moses)
(d) Finance (liille/Cooper/Craw£ord/McCloud/Corr/Douglas)
(e) Solid Waste (Fischer/Martin/Cooper
(f) Roads and Trails (Long/Corr/Martin)
(g) Ports and ltarbors (Arness/Campbell/Ambarian)
(h) Local Affairs (Campbell/Ambarian/Dimmick/Arness/Cooper)
(t) Legislative Overview
J. MAYOReS REPORT
(a) Financial Report, November 1978 and
Memo 79-38 Budget Transfer and Revision
(b) Planning Memo Re: Ord. 74-62, Adopting and
Modifying Various Comprehensive Plans of the
Cities and Areas of the Ken~i'Peninsula Borough
X. SCHOOL CONSTRUCTION REPORT
(a) Furniture and Equipment List; Redoubt Elementary,
Tustumena Elementary, Sterling Elementary,
Homer lttgh School, Seward High School
(b)Memo 79-39 Monthly Status Report on Various
$chool Projects
L, OTHER BUSINBSS
(aJ Ord. 78-60 "Providing a Uniform Date £or the
Final Adceptance of Applications for Tax
Exemption" (RECONSIDERATION, Cooper)
(b) ReS. 78-129 "Providing for the Nomination of
Certain Lands for a Conveyance from the State
of Alaska to the Kenai Peninsula Borough
Pursuant to the Borough Selection Act"
(c) Waiver o£ Penalty and Interest; Parcel 151-310-1100
(d) Senior Citizen Request for Waiver of Ti~e for
Filing; Ted R. Benhardt and Z~ll Wright
(e) Tax Adjustment Requests
(f) Request for Return of Taxes; Seaside Developers, Inc.
N. NAYOR AND ASSEMBLY: COM~iENTS AND DISCUSSION
N. PUBLIC PRESENTATIONS
O. INFORMATIONAL MATERIALS AND ILl/PORTS
(a) Minutes: 1. School Board, November 20, 1978
2. AML Annual Business Meeting, Movember 11, 1978
3. KPB Planning f Zoning Co~unsn, July 10 f August 14
4. KPB Plat Committee, Noeember 20, 1978
5. Bear Creek Fire S.A., October 11, 1978
Ntkiski Fire S.A., November 15 ~ 27, 1978
7. No. Peninsula Recreation S.A., October 24, 1978
8. Central Peninsula Hospital S.A., Sept. 12 ~ ~8~
November 29, 1978
AGENDA FOR DECE~IBER 19. 1978
Page
(c)
(d)
NEXT MEETING:
City of Homer Res. 78-90 Requesting Public
Hearings on Reapportionment o~ the Borough
Be Held in llomer
Cost o£ Living Index and Municipal Bond Letter
Liquor License Renewal; Seven Seas Restaurant
January 2, 19791 7:$0
CITY OF K~NA!
ORDINANCE NO. 453-78
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
ESTABLISHING A CAPITAL FUND PROJECT ENTITLED "WATER AND
SEWER LINES" AND INCREASING ESTIMATED REVENUES AND APPRO-
PRIATIONS IN THE AMOUNT OF $220,925 FOR EDA PROJECT 07-51-
26966 ENCOMPASSING WATER LINES, WILLOW AND GAA, AND SEWER
LINES ON MCCULLUM DRIVE PLUS RENOVATION OF FIVE (5) SEWER
LIFT STATIONS.
WHEREAS, the City of Kenai has determined that the following
construction and renovation projects are warranted and in
the best interest of the City: Water line at Willow Street,
water line at GAA, sewer line at McCullum Drive and renovation
of five (5) sewer lift stations, and .... ~
WHEREAS, the local public works program of EDA has authorized
grant funds in the amount of $115,000, and
WHEREAS, the State of Alaska Department of Environmental
Conservation has approved these grants:
1) Willow Street and McCullum Drive
2) Five (5) sewer'lift stations
$35,250
16,150
and
WHEREAS, the City of Kenai will utilize the following funds:
1) Airport Land System
2) Fund balance, water and sewer,
1974 of refunded bond issue
$20,550
33,975
and
WHEREAS, this Ordinance is a codification of Ordinances 369-
77, 370-77 and 375-77 with an authorization of additional
work, increase of revenues and appropriations,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA THAT:
Ordinance No. 453-78, Page 2
Section 1:
Ordinances 369-77, 370-77 and 375-77 are
hereby rescinded
Section
The following increases in revenues and appropriations
in the Airport Land System are hereby made:
ESTIMATED REVENUE
Fund balance
$20,550
APPROPRIATION
Contribution to Capital Project
20,550
Section 3:
The following increases in estimated revenue in Capital
Project Fund water and sewer lines are hereby made:
WATER AND SEWER LINES
TOTAL
Economic Development Admin.
State of Alaska, Department
of Environmental Conservation
(Willow, McCullum)
State of Alaska, Department of
Environmental Conservation
(lift station)
Contribution, Airport Land System
Fund balance for water and sewer
refunded bond issue
$115,000
35,250
16,150
20,550
33,975
$220,925
Section 4:
The following appropriations are hereby made:
A
TOTAL
WILLOW AND McCULLUM
Administration
Engineering
Other engineering fees
Inspection
Construction
$ 650
3,200
5,300
6,100
103,250
$118,500
Ordinance No. 45~-7R, Page 3
B
TOTAL
FIVE (5) LIFT STATIONS
Administration
Engineering
Other engineering fees
Inspection
Construction
Contingency
$ 2,000
5,800
1,000
2,200
74,250
10,000
$ 95,250
C OTHER ENGINEERING GAA, HYDRANTS
(eligible for Federal funding)
Engineering $ 4,050
D OTNER ENGINEERING (not eligible for
Federal funding)
Engineering 3,125
PASSED BY THE COUNCIL OF THE CITY OF KENAI ALASKA this 20th
day of Decen%ber, 1978. '
ATTEST:
VINCENT O'REILLY, MAYOR
Sue C. Peter, City Clerk
Approved by Finance:_~
First Reading: December 12,1978
Second Reading: December 20, 1978
Effective Date: December 20, 1978
CITY OF KENAI
ORDINANCE NO. 454-78
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE
CAPITAL PROJECT FUND ENTITLED "FACILITIES DESIGN" BY $315,325.
WHEREAS, the Council of the City of Kenai desires to proceed
with Step II of Sewer Treatment Plant improvements, Facilities
Design, and
WHEREAS, a sum of $315,325 is needed to provide design,
construction, and other engineering services to the project,
and
WHEREAS, it is anticipated that the U. S. Environmental
Protection Agency will participate in the project in the
amount of $236,493 (75%), and that the State of Alaska,
Department of Environmental Conservation will participate in
the amount of $39,416 (12.5%), and
WHEREAS, proper accounting practices require that all ap-
propriations of City monies be made by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that estimated revenues and appropriations be
increased as follows:
Water and Sewer Special Revenue Fund
Increase Estimated Revenues:
Transfer from Reserve for Sewer
Treatment Plant Improvements
$39,416
Increase Appropriations:
Transfer to Capital Projects
39,416
Water and Sewer Capital Projects-Facilities Design
Increase Estimated Revenues:
Transfer from Water and Sewer
Special Revenue Fund
Grants - State of Alaska
Grants - Federal
$39,416
39,416
236,493
$315,325
Ordinance #454-78, Page 2
Increase Appropriations:
Architectural Engineering-
Basic Fee
$315,325
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th
day of December, 1978.
ATTEST:
VINCENT O'REILLY, MAYOR
Sue C. Peter, City Clerk
Approved by Finance: <,~'-~,. First Reading: December 12,1978
Second Reading: December 20, 1978
Effective Date: December 20, 1978
DEP~.%ItTMENT OF ltEVE.~'I'E
ALCOHOLIC BFVERAG£ CONTROl. BOARD
December 1, [978
MY $. #A¥¥D#D, ~OYER#DR
201 EAST 9TH. AVENUE
ANCHORAGE, ALASKA
Ms. Sue C. Peter
City Clerk
City of Kenat
Box 580
Kenat, AK 99611
Dear ~. Peter:
The enclosed applications for renewal are for your consideration.
BEVERAGE DISPENSARY:
THE CAS[NO; Rachel L. Rogers; Cart Building, Kenaf; Mail: P.O. Box [234.
RESTAURANT:
PIZZA PARAO[SOS; Athanastos O. Macheras; Kenat Spur Road and Main Street;
~t1: Box 178.
If you choose to protest under AS 04.[0.270, you must submit a statement
of issues within 30 days plus [0 days for reasonab]e mailing time. If
we do not receive a response, the Board will assume you have no objection
to the issuance and will take etna1 action on the applications.
Thank you for your consideration.
BLC:dg
Encs.
Very truly yours,
MY $. HAH¥OND, ~OVERNOR
DEP,%IITMENT ~)F REVENI'E
ALCOHOLIC BEVERAGE CONTROL BOARD
201 EAST 9TH. AVENUE
ANCHORAGE, ALASKA 99501
December 12, 1978
Ms. Sue C. Peter
City Clerk
Ctty of Kenai
Box 580
Kenat, Alaska 9961
Oear ~. Peter:
The enclosed applications for renewal are for your consideration.
BEVERAGE DISPENSARY:
EADIE'S FRONTIER CLUB; Ethel O. Henderson; Mile 3.5 North Kenat Road;
Mail: Box 85.
RETAIL:
FRONTIER LIQUOR STORE; Ethel D. Henderson; Mile 3.5 North Kenai Road;
Mail: Box 85.
If you choose to protest under AS 04.10.270, you must submit a statement
of issues within 30 days plus 10 days for reasonable mailing time. If
we do not receive a response from you, the Board will assume you have
no objection to the issuance and will take final action on the applica-
tions.
Thank you for your consideration.
Very truly yours,
Records and Licensing Supervisor
BLC:dg
Enc$.
.M~D16LH